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CITY AND COUNTY OF 

SAN FRANCISCO 

MUNICIPAL CODE 



POLICE CODE 




* 



MUNICIPAL CODE CORPORATION 



Tallahassee, Florida 



2006 



CITY AND COUNTY OF SAN FRANCISCO 
MUNICIPAL CODE 



Charter 

Administrative Code 

Building and Related Technical Codes 

Business and Tax Regulations Code 

Campaign and Governmental Conduct Code 

Environment Code 

Fire Code 

Health Code 

Municipal Elections Code 

Park Code 

Planning Code 

Police Code 

Port Code 

Public Works Code 

Subdivision Code 

Traffic Code 

Zoning Maps 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



PREFACE TO THE 
POLICE CODE 

The San Francisco Municipal Code contains ordinances enacted through 
Ordinance 75-08, File Number 071531, Approved May 9, 2008. A 
legislative history, containing ordinance number and approval date, is 
located at the conclusion of most sections. The legislative history of 
ordinances approved after March 1999 also contain Board of Supervi- 
sors file numbers. 



Supp. No. 16, April 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 16, April 2008 



POLICE CODE 

Article Page 

1. PUBLIC NUISANCES 7 

1.1. REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION . 51 

1.2. DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR 
CHILDREN 63 

1.3. TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLL- 
BACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUND- 
ING ANY RENT INCREASES 71 

1.4. [RESERVED] 79 

1.5. DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS 89 

2. DISORDERLY CONDUCT 95 

3. GAMES OF CHANCE 119 

4. PARADES 131 

4.1. [RESERVED] 143 

4.2. [RESERVED] 153 

4.3. [RESERVED] 163 

4.4. [RESERVED] 173 

4.5. FUNERAL PROCESSION ESCORTS 183 

5. OFFENSIVE POWDERS 197 

6. FRAUD AND DECEIT 205 

7. ANIMALS AND BIRDS 215 

7.1. HORSE-DRAWN VEHICLES 219 

8. MINORS 235 

9. MISCELLANEOUS CONDUCT REGULATIONS 253 

9.1. [RESERVED] 331 

9.2. [RESERVED] 341 

9.3. [RESERVED] 351 

9.4. [RESERVED] 361 

9.5. PROHIBITING OF PROFESSIONAL STRIKEBREAKERS 371 

9.6. REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES. 379 
10. REGULATIONS FOR ADVERTISING 417 



San Francisco— Police Code 2 

Article Page 

10.1. REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAW- 
INGS ON NEWSRACKS 435 

10.2. REGULATION OF COMPUTER RENTAL BUSINESSES 441 

11. REGULATIONS FOR AMUSEMENTS 449 

11.1. COMMERCIAL DISPLAY OF DEAD HUMAN BODIES 461 

11.2. REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES 
PERMIT AND LICENSE PROVISIONS 469 

12. REGULATIONS FOR AUTOMOBILES 477 

13. MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES. 499 
13.1. JUNK DEALERS— PERMIT AND REGULATION 535 

14. LICENSES FOR ADVERTISING 551 

15. LICENSES FOR AMUSEMENTS 561 

15.1. ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVI- 
SIONS 605 

15.2. ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PRE- 
MISES 621 

15.3. PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES . 643 

15.4. ENCOUNTER STUDIOS 651 

15.5. NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS 683 

15.6. ESCORT SERVICES 711 

16. REGULATIONS FOR MOTOR VEHICLES FOR HIRE 729 

17. MISCELLANEOUS LICENSE REGULATIONS 805 

17.1. REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE 
PROVISIONS 827 

17.2. REGULATIONS FOR MOBILE CATERERS PERMIT AND LICENSE 
PROVISIONS 841 

17.3. PERMIT REGULATIONS FOR PUSHCART PEDDLERS AND PUSH- 
CART OPERATORS CONCERNING PRODUCTS FOR HUMAN CON- 
SUMPTION 867 

18. SAN FRANCISCO POLICE PISTOL RANGE 881 

19. DISPOSAL OF UNCLAIMED PROPERTY 893 

20. REPRODUCING AND FURNISHING REPORTS 901 

21. AIR TRAVEL TICKET BUSINESS 909 

22. CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE 
HEALTH CODE AND POLICE CODE 917 



3 San Francisco — Police Code 

Article Page 

23. REGULATIONS FOR PORT AREA . 927 

24. REGULATING STREET ARTISTS 941 

25. REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SER- 
VICES 961 

26. REGULATIONS FOR PUBLIC BATH HOUSES 979 

27. [RESERVED] 995 

28. REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PRO- 
VISIONS 1011 

29. REGULATION OF NOISE 1031 

30. PERMITS FOR TOW CAR DRIVERS 1051 

30.1. PERMITS FOR TOW CAR FIRMS 1063 

31. REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PRO- 
VISIONS 1075 

32. REGULATIONS FOR CONDUCTING BINGO GAMES 1083 

32A. REGULATIONS FOR CONDUCTING POKER GAMES 1099 

33. PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCES- 
TRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, 
CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, 
WEIGHT, OR HEIGHT 1117 

33A. PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE 
RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EM- 
PLOYER DRUG TESTING OF EMPLOYEES 1133 

33B. PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANI- 
ZATIONS WHICH ARE NOT DISTINCTLY PRIVATE 1141 

33C. DISPLACED WORKER PROTECTION 1151 

33D. GROCERY WORKER RETENTION 1159 

34. REGULATIONS FOR PHOTOGRAPHERS— PERMIT AND LICENSE 
PROVISIONS 1163 

35. FIREARM STRICT LIABILITY ACT 1177 

35A. REPEALED 1185 

36. PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE 
INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSES- 
SION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING 

OR SERVING ALCOHOLIC BEVERAGES 1195 

36A. [SALE, MANUFACTURE AND DISTRIBUTION OF FIREARMS AND 

AMMUNITION; POSSESSION OF HANDGUNS] 1207 



Supp. No. 2, October 2006 



San Francisco— Police Code 4 

Article Page 

37. POLICE EMERGENCY ALARM ORDINANCE 1213 

38. PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND 
ASSOCIATED CONDITIONS 1245 

39. PEDICABS 1271 

40. DRUG FREE WORKPLACE ORDINANCE 1285 

41. PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODER- 
MIC NEEDLES OR SYRINGES 1307 

42. SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER 
PENS 1319 

42A. COLOR TIRES 1327 

42B. MERCURY THERMOMETERS 1333 

42C. [RESERVED] 1343 

42D. SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC 

ACID 1353 

43. ACCESS TO HEALTH CARE FACILITIES 1363 

44. [RESERVED] 1375 

45. FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE. 1385 

46. PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO 
PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO 
ACCESS 1393 

47. PERSONAL WATERCRAFT 1405 

48. LASER POINTERS 1415 

49. REPEALED 1421 

INDEX 1425 



Supp. No. 2, October 2006 



ARTICLE 1: PUBLIC NUISANCES 



Sec. 1. 



Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 



2. 

2.1. 

2.2. 

2.3. 

2.4. 

2.5. 



Sec. 2.6. 

Sec. 2.7. 

Sec. 2.8. 

Sec. 2.9. 

Sec. 2.10. 
Sec. 2.11. 

Sec. 2.12. 
Sec. 2.13. 
Sec. 2.14. 

Sec. 2.15. 
Sec. 2.16. 

Sec. 2.17. 



Sec. 2.19. 

Sec. 2.20. 

Sec. 2.21. 

Sec. 2.22. 

Sec. 2.23. 

Sec. 2.24. 

Sec. 2.25. 



Sec. 2.26. 



Ark, Boat, Vessel, Dumping, Sec. 2.26.1. 

Etc., of, Prohibited. 

Purpose. Sec. 2.27. 

Definitions. 

Fee Setting Procedure. 

General Provisions. 

Manner of Applying for Permit. Sec. 2.27.1. 

Investigation by the Police 

Department. Sec. 2.28. 

Discretionary Powers. Sec. 2.29. 

Transfer of Permits. Sec. 2.30. 

Tax Collector to Deliver Permit. 

Permits Issued by the Police Sec. 2.31. 

Department. Sec 13 

Annual Renewal. 

Quarterly Permits to Become g ec ^3 

AnnuaL Sec! 2L 

Power of Revocation. 

Right of Appeal. 

License Fees not Refundable 

Upon Revocation of Permit. g ec 22. 

Filing Fees not Refundable. 

Penalties for Nonpayment of 

License Fees. 

Revocation of Permit for Sec. 23. 

Nonpayment of Permits or 

Licenses. 

Not Exempted from Paying 

Other Fees. 

Permitting Substitutes for Sec. 24. 

Metal Badges. 

Payment for Badge. 

Payment for Identification Card. 

Compliance. 

Surrender of Permit. Sec. 25. 

Determination of Percentage of 

Fees Credited to Other 

Departments. 

Schedule of Permits and Filing Sec. 26. 

Fees. 



Schedule of Permits and Filing 

Fees. 

Schedule of License Fees for 

Permits Issued by the Police 

Department or Entertainment 

Commission. 

Schedule of License Fees for 
Motor Vehicle For Hire Permits. 
Fees for Closing-out Sales. 
Additional License Fees. 
Additional Fees — Motorized 
Cable Cars. 

Annual Adjustment of Fees. 
Solicitation of Pedestrians 
Prohibited; Penalty; Exception. 
Penalty. 

Consuming Alcoholic Beverages 
on Public Streets, Etc., or on 
Public Property Open to Public 
View Prohibited; Penalty. 
Obstructing Any Street, 
Sidewalk, Passageway or Other 
Public Way Prohibited; Penalty; 
Exceptions. 

Obstructing Any Street, 
Sidewalk, Passageway or Other 
Public Way Prohibited, Second 
Offense Within 24 Hours; 
Penalty; Exceptions. 
Obstructing Any Street, 
Sidewalk, Passageway or Other 
Public Way Prohibited: Second 
Offense Within 120 Days of 
Conviction; Penalty; Exceptions. 
Remaining Upon Private or 
Business Property After Being 
Requested to Leave; Penalty; 
Exceptions. 

Remaining Upon Private or 
Business Property After Being 



San Francisco — Police Code 



Requested to Leave; Second 
Offense Within 24 Hours; 
Penalty; Exceptions. 

Sec. 27. Remaining Upon Private or 

Business Property After Being 
Requested to Leave, Second 
Offense Within 120 Days of 
Conviction; Penalty; Exceptions. 

Sec. 28. Kite Flying Prohibited Near 

High Voltage Lines and 
Broadcasting Towers. 

Sec. 33. Rubbish, Etc., Throwing on 

Streets Prohibited. 

Sec. 34. Accumulation of Litter on 

Sidewalks Prohibited. 

Sec. 35. Cuspidors, etc., Not to be 

Emptied on Sidewalk. 

Sec. 35(a). Use of Sidewalk Trash or Litter 
Receptacles. 

Sec. 36. Tenant of Lower Flat 

Responsible. 

Sec. 37. Penalty. 

Sec. 38. Enforcement of Litter Laws; 

Designated Officers and 
Employees. 

Sec. 39. Procedure for Enforcement of 

Litter Laws. 

Sec. 39-1. Procedure for Assessment and 

Collection of Administrative 
Penalties for Specified Littering 
and Nuisance Violations. 

Sec. 43. Permits for Use of Loudspeaker 

or Sound Amplifying Equipment 
Outside Buildings or Out of 
Doors. 



Sec. 


43.1. 


Filing Fee. 


Sec. 


43.2. 


License Fee. 


Sec. 


44. 


"Person" Defined. 


Sec. 


45. 


Exceptions — Radio, Television 
Receiving Sets, Pedestrian 
Operated Bullhorns. 


Sec. 


46. 


Definitions, (a) "Sound Truck." 
(b) "Sound Amplifying 
Equipment." 


Sec. 


47. 


Use of Sound Trucks, 
Registration and Permit 
Required. 



Sec. 


47.1. 


Registration Statement 
Amendment. 


Sec. 


47.2. 


Regulations For Use. 


Sec. 


48. 


License Required. 


Sec. 


49. 


Unnecessary Noise, Authorized 
Emergency Vehicles. 


Sec. 


50. 


Severability. 


Sec. 


51. 


Smoking in Enclosed Section of 
Street Cars, Cable Cars, Motor 
Coaches and Trolley Coaches 
Prohibited. 


Sec. 


52. 


Penalty. 


Sec. 


53. 


Smoking Prohibited in Taxicabs 
Where Sign Posted. 


Sec. 


53.1. 


Penalty. 


Sec. 


55. 


Smoking, Etc., on Wharves, Etc. 


Sec. 


55.1. 


Open Flame or Electric Arc 
Unlawful — Exception. 


Sec. 


56. 


Authority to Make Rules. 


Sec. 


57. 


Violation. 


Sec. 


58. 


Exception. 


Sec. 


63. 


Obstructions on Streets and 
Sidewalks. 


Sec. 


64. 


Exceptions. 


Sec. 


69. 


Piling of Lumber and Timber 
Regulated. 


Sec. 


74. 


Hydrants, Obstruction of, 
Prohibited. 


Sec. 


87. 


Scattering Billposting Refuse 
Prohibited. 


Sec. 


95. 


Prohibiting the Free 
Distribution of Tobacco in Public 
Places; Penalty. 



SEC. 1. ARK, BOAT, VESSEL, DUMPING, 
ETC., OF, PROHIBITED. 

It shall be unlawful for any person, firm, 
association or corporation to dump or discard 
any boat, vessel, barge, ark, or any floating 
structure, on the shore line, or streets of the City 
and County of San Francisco, that are now 
submerged, or any portion of the City and County 
of San Francisco inside of the boundary of the 
State of California's property on the waterfront 
of said City and County of San Francisco. (Added 
by Ord. 1.075, App. 10/11/38) 



Public Nuisances 



Sec. 2.6. 



SEC. 2. PURPOSE. 

It is the intent of the Board of Supervisors 
that the costs incurred by the City and County of 
San Francisco (hereinafter the City) in process- 
ing applications for permits issued by the Police 
Department or Entertainment Commission, and 
regulating activities authorized thereby, shall be 
defrayed by filing fees and license fees (as here- 
inafter defined), which fees are imposed solely 
for the purpose of paying for the processing and 
regulatory services provided. (Added by Ord. 
555-81, App. 11/12/81; amended by Ord. 164-02, 
File No. 020783, App. 7/26/2002) 

SEC. 2.1. DEFINITIONS. 

(a) Filing Fee. A filing fee is a fee levied by 
the Department to reimburse it for all costs, 
direct and indirect, including an allocatable por- 
tion of fixed overhead costs, incurred in process- 
ing any permit application or application for 
amendment to a permit, and in conducting any 
investigation connected therewith. 

(b) License Fee. A license fee is a fee levied 
by the Department on behalf of the City to 
reimburse the City for the costs incurred by the 
City in engaging in regulatory, inspection, and 
police activities in connection with the type of 
activity, business, profession, calling or event 
authorized by each type of permit approved by 
the San Francisco Police Department or Enter- 
tainment Commission. (Added by Ord. 555-81, 
App. 11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 2.2. FEE SETTING PROCEDURE. 

Each year the Chief of Police and Executive 
Director of the Entertainment Commission shall 
cause a report to be made of the revenues re- 
ceived from each type of fee collected by the 
Police Department and Entertainment Commis- 
sion, respectively, the costs incurred in providing 
the services for which the fee is assessed, the 
anticipated costs for the ensuing fiscal year and 
the rates which would be necessary to support 
such costs for each type of fee. Said report shall 
be filed with the Controller no later than April 



1st of each year pursuant to the provisions of 
Section 3.17-2 of the San Francisco Administra- 
tive Code. 

The Controller shall file said report with the 
Board of Supervisors no later than May 15th of 
each year and the Board of Supervisors shall, by 
ordinance, establish or readjust the rates for the 
filing fees and license fees. The rates set shall be 
equal to, but not greater than, the rates neces- 
sary to support the costs of providing the services 
for which each fee is assessed. (Added by Ord. 
555-81, App. 11/12/81; amended by Ord. 193-05, 
File No. 051027, App. 7/29/2005) 

SEC. 2.3. GENERAL PROVISIONS. 

A permit does not take the place of any 
license required by law. A permit shall not be 
transferable except as provided in this Code. 
(Added by Ord. 555-81, App. 11/12/81) 

SEC. 2.4. MANNER OF APPLYING FOR 
PERMIT. 

All applications for permits required by this 
Code shall be made to the Police Department or 
Entertainment Commission in the manner pre- 
scribed in this Code and in Part III of the San 
Francisco Municipal Code. (Added by Ord. 555- 
81, App. 11/12/81; amended by Ord. 164-02, File 
No. 020783, App. 7/26/2002) 

SEC. 2.5. INVESTIGATION BY THE 
POLICE DEPARTMENT. 

When an application is filed with the Police 
Department or Entertainment Commission for 
any of the permits required by this Code, the 
Police Department shall cause an investigation 
to be made when required by this Code prior to 
deciding whether to grant the permit. No permit 
may be issued without such investigation when 
it is required. (Added by Ord. 555-81, App. 11/12/ 
81; amended by Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 2.6. DISCRETIONARY POWERS. 

The Police Department or Entertainment Com- 
mission, as the case may be, may issue a permit 
or in the exercise of the discretion provided in 
Section 26, Part III of the San Francisco Munici- 



Sec. 2.6. 



San Francisco— Police Code 



10 



pal Code, the Police Department or Entertain- 
ment Commission, as the case may be, may deny 
the permit; provided, however that when the 
approval of other City Departments is required, 
no permit shall be issued without the approval of 
such Departments. (Added by Ord. 555-81, App. 
11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 2.7. TRANSFER OF PERMITS. 

No permits issued by the Police Department 
or Entertainment Commission, as the case may 
be, are transferable except as expressly permit- 
ted in this Code. All applications for transfer of 
permit shall be made to the Police Department 
or Entertainment Commission, as the case may 
be, and shall be accompanied by the payment of 
the same filing fee as for an initial application. 
(Added by Ord. 555-81, App. 11/12/81; amended 
by Ord. 164-02, File No. 020783, App. 7/26/2002) 

SEC. 2.8. TAX COLLECTOR TO 
DELIVER PERMIT. 

Upon approval of the permit by the Police 
Department or Entertainment Commission, as 
the case may be, said permit, except as provided 
in Section 2.9 of this Article, shall be delivered to 
the Office of the Tax Collector, where it shall be 
delivered in turn to the applicant upon payment 
to the Tax Collector of the license fee required by 
law or ordinance. Written notice of the renewal, 
annual or otherwise, of a permit shall be deliv- 
ered to the applicant upon payment of the an- 
nual license fee to the Tax Collector; but such 
permit or license shall not be delivered to the 
applicant by the Tax Collector if the Tax Collec- 
tor receives written notification from the Police 
Department or Entertainment Commission, de- 
pending on which one has authority to approve 
the particular type of permit or license, request- 
ing that the issuance of such permit or license be 
withheld. (Added by Ord. 555-81, App. 11/12/81; 
amended by Ord. 164-02, File No. 020783, App. 
7/26/2002) 

SEC. 2.9. PERMITS ISSUED BY THE 
POLICE DEPARTMENT OR 
ENTERTAINMENT COMMISSION. 

Since the following permits have no license in 
connection therewith, they will not be delivered 



to the Tax Collector, but will be issued directly 
from the office of the Police Department or 
Entertainment Commission, as the case may be. 

Change in Color Scheme. 

Closing-Out Sale. 

Dance Hall Keeper, One Night Dance. 
(Added by Ord. 555-81, App. 11/12/81; amended 
by Ord. 164-02, File No. 020783, App. 7/26/2002; 
Ord. 193-05, File No. 051027, App. 7/29/2005) 

SEC. 2.10. ANNUAL RENEWAL. 

Permits issued by the Police Department or 
Entertainment Commission after the adoption of 
this ordinance, with the exception of permits 
issued for temporary operations, shall be valid 
until the next annual renewal date as provided 
in this Code or for one year from the date of 
issuance when there is no annual renewal date, 
unless revoked prior to such date. The permit 
shall be renewed for the ensuing year and each 
year thereafter upon payment of the annual 
license fee. (Added by Ord. 555-81, App. 11/12/81; 
amended by Ord. 164-02, File No. 020783, App. 
7/26/2002) 

SEC. 2.11. QUARTERLY PERMITS TO 
BECOME ANNUAL. 

Quarterly permits issued by the Police De- 
partment prior to the adoption of this ordinance 
shall be renewed each quarter until January 1, 
1982, at which time the permits shall be issued 
annually as provided in Section 2.10 of this 
Article. (Added by Ord. 555-81, App. 11/12/81) 

SEC. 2.12. POWER OF REVOCATION. 

After written notice to the permittee, and 
after a hearing conducted pursuant to the re- 
quirements of Article I, Part III of the San 
Francisco Municipal Code, the Police Depart- 
ment or Entertainment Commission, as the case 
may be, shall have the power to revoke or sus- 
pend any permit issued by the Police Depart- 
ment or Entertainment Commission, respec- 
tively, under the provisions of this Code or Part 
III of the San Francisco Municipal Code for 
violations of any such provisions or written regu- 
lations of any Department relating to the use of 



11 



Public Nuisances 



Sec. 2.19. 



the permit by the permittee, his agent or em- 
ployee. Upon a determination that the permittee 
has violated or attempted to violate the aforesaid 
provisions of the Municipal Code or written 
Departmental regulations, the Police Depart- 
ment or Entertainment Commission, as the case 
may be, shall revoke or suspend the permit. The 
Police Department or Entertainment Commis- 
sion, as the case may be, shall forward to the Tax 
Collector, and any other City Department in- 
volved in the issuance of such permit, written 
notice of such revocation or suspension. (Added 
by Ord. 555-81, App. 11/12/81; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 2.13. RIGHT OF APPEAL. 

Whenever an application for any permit pro- 
vided for in this Code shall be denied or an 
existing permit revoked or suspended, the per- 
son aggrieved shall have the right to appeal to 
the Board of Permit Appeals from such denial, 
revocation or suspension. An appeal shall be 
presented to the Board of Permit Appeals in the 
manner prescribed in Article I, Part III of the 
San Francisco Municipal Code. (Added by Ord. 
555-81, App. 11/12/81) 

SEC. 2.14. LICENSE FEES NOT 
REFUNDABLE UPON REVOCATION OF 
PERMIT. 

License fees are not refundable upon the 
revocation or suspension of any permit pursuant 
to the provisions of Section 2.12 of this Article. 
(Added by Ord. 555-81, App. 11/12/81) 

SEC. 2.15. FILING FEES NOT 
REFUNDABLE. 

Filing fees are payable in advance and are 
not refundable. (Added by Ord. 555-81, App. 
11/12/81) 

SEC. 2.16. PENALTIES FOR 
NONPAYMENT OF LICENSE FEES. 

All license fees are payable when due, unless 
otherwise provided, at the office of the Tax Col- 
lector, in the City Hall, and if a license fee is not 
paid within 30 days after the same becomes due, 
the Tax Collector shall add 10 percent to the 



amount of the stated fee as a penalty for nonpay- 
ment. If the license fee is not paid within 60 days 
after the same becomes due, the Tax Collector 
shall increase the penalty for nonpayment to 15 
percent of the amount of the stated fee. If the 
license fee is not paid within 90 days after the 
same becomes due, the Tax Collector shall in- 
crease the penalty for non-payment to 25 percent 
of the amount of the stated fee, provided how- 
ever, when a permittee has failed for a period of 
six months or more to pay a license fee, the Tax 
Collector shall, in such instance, impose another 
penalty of 25 percent of the total amount of fee 
delinquent, including previous penalty charges, 
to the total amount due for the delinquency 
payment. (Added by Ord. 555-81, App. 11/12/81) 

SEC. 2.17. REVOCATION OF PERMIT 
FOR NONPAYMENT OF PERMITS OR 
LICENSES. 

Each year the Tax Collector shall forward to 
the Police Department and Entertainment Com- 
mission a list of those permit holders who have 
not paid the overdue fees for a period of six 
months or more, and the Police Department or 
Entertainment Commission, as the case may be, 
shall initiate revocation proceedings pursuant to 
the provisions of Section 2.12 of this Code. After 
a permit is revoked for nonpayment of the li- 
cense fee, a new permit may be issued, but only 
upon filing a new application and the payment, 
in advance, of the filing and license fees and any 
overdue fees and penalties. (Added by Ord. 555- 
81, App. 11/12/81; amended by Ord. 164-02, File 
No. 020783, App. 7/26/2002) 

SEC. 2.19. NOT EXEMPTED FROM 
PAYING OTHER FEES. 

Payment of filing fees and license fees as 
provided in this Code does not exempt the permit 
holder from payment of any other charges which 
may be levied pursuant to other sections of the 
San Francisco Municipal Code or written rules 
and regulations of any department relating to 
the permit. (Added by Ord. 555-81, App. 11/12/ 
81) 



Sec. 2.20. 



San Francisco— Police Code 



12 



SEC. 2.20. PERMITTING SUBSTITUTES 
FOR METAL BADGES. 

Whenever in this Part II, Chapter VIII (Po- 
lice Code) of the San Francisco Municipal Code, 
there appears a requirement for a metal badge, 
metallic plate, metallic bus permit or metallic 
chauffeur's badge, metal or metallic "jitney bus" 
permit or metal or metallic "jitney bus" license 
metallic badge or card or other similar require- 
ment of metal, the officer responsible for the 
issuance thereof may substitute any suitable 
material for metal or metallic material. (Added 
by Ord. 555-81, App. 11/12/81) 

SEC. 2.21. PAYMENT FOR BADGE. 

The Tax Collector shall collect a fee for each 
badge issued in connection with a permit or 
license. The cost for the badge shall be set by the 
issuing department and shall be for the cost of 
processing and issuing the badge. (Added by 
Ord. 555-81, App. 11/12/81) 

SEC. 2.22. PAYMENT FOR 
IDENTIFICATION CARD. 

The Tax Collector shall collect a fee for each 
identification card issued in connection with a 
permit or license. The cost for the identification 
card shall be set by the issuing department and 
shall cover the cost of processing and issuing the 
identification card. (Added by Ord. 555-81, App. 
11/12/81) 

SEC. 2.23. COMPLIANCE. 

No permit shall be granted unless the appli- 
cant agrees to comply in all respects with the 
applicable requirements of this Code. It shall be 
unlawful to do or perform the act or carry on the 
business, trade, profession or calling for which a 
license or permit is required by law or ordinance 
or to own, keep or use the article or thing, for the 
owning, keeping or using of which a license or 
permit is required by law or ordinance, unless 
such license or permit be first procured. (Added 
by Ord. 555-81, App. 11/12/81) 

SEC. 2.24. SURRENDER OF PERMIT. 

Whenever any business or occupation, for 
which a permit has been issued by the Chief of 



Police or Entertainment Commission, is termi- 
nated or sold, the permit holder shall surrender 
the permit to the Chief of Police or Entertain- 
ment Commission, as the case may be, who shall 
void said permit. The Chief of Police or Enter- 
tainment Commission, as the case may be, shall 
notify the Tax Collector when a permit has been 
voided. (Added by Ord. 555-81, App. 11/12/81; 
amended by Ord. 164-02, File No. 020783, App. 
7/26/2002) 

SEC. 2.25. DETERMINATION OF 
PERCENTAGE OF FEES CREDITED TO 
OTHER DEPARTMENTS. 

Each year the Controller shall determine 
what percentage of the money charged for any 
filing fee is ;comment;ed in order to offset the 
costs incurred by City departments in regulating 
and inspecting permits issued by the Police De- 
partment and Entertainment Commission, and 
the Controller shall credit the appropriate per- 
centage of such fees to the other department as 
required by the Charter and Municipal Code. 
(Added by Ord. 555-81, App. 11/12/81; amended 
by Ord. 193-05, File No. 051027, App. 7/29/2005) 

SEC. 2.26. SCHEDULE OF PERMITS 
AND FILING FEES. 

The following filing fees, payable in advance 
to the City and County of San Francisco, are 
required when submitting applications for per- 
mits to the Police Department or Entertainment 
Commission: 

TYPE OF PERMIT FILING FEE 

Permit Amendment/Additional Partner . $ 81 

Amusement Park 871 

Antique Shop 558 

Auto Wrecker 664 

Ball or Ring Throwing Games 477 

Balloon and Kite Advertising 367 

Billiard Parlor 456 

Bingo Games 112 

Amendment to Permit 112 

Circus 648 

Closing-Out Sale 413 

Dance Hall Keeper 1,401 

Amendment to Permit 660 



13 



Public Nuisances 



Sec. 2.26 



TYPE OF PERMIT FILING FEE 

One Night Dance $ 40 

Dealer in Firearms and/or Ammuni- 
tion 961 

Renewal 218 

Discharge of Cannon 400 

Distributor of Advertising 

Class A 524 

Class B 459 

Driverless Auto Rental 631 

Encounter Studio 

Owner 725 

Employee 202 

Escort Service 

Owner 709 

Employee 202 

Extended Hours Permit 1,500 

Amendment to Permit 660 

Fortuneteller 357 

Funeral Procession Escort 224 

Insignia and Uniform 13 

General Soliciting Agent 252 

Itinerant Show 680 

Itinerant Show/Nonprofit [Fee set by 

Police Code Section 1017.2] 100 

Junk Dealer 945 

Junk Gatherer 

Resident 439 

Nonresident 370 

Licensed Tour Guide 272 

Loudspeaker 416 

Vehicle 416 

Masked Ball 779 

Massage Establishment 1,684 

Masseur/Masseuse 202 

Trainee 202 

Mechanical Amusement Devices 568 

Mechanical Contrivance 568 

Miniature Golf Course 586 

Mobile Caterer 775 

Additional Stop 73 

Assistant 73 

Transfer of Stop 73 

Museum 645 

Nude Models in Public Photographic 
Studio 

Owner 704 

Employee 202 



TYPE OF PERMIT FILING FEE 

Off-Heliport Landing Site $ 477 

One Night Event 255 

Outcall Massage 462 

Pawnbroker 763 

Peddler 

Fish, Vegetables, Fruit 525 

Food for Human Consumption 525 

Nonfood 330 

Employee 77 

Pedicab Driver 77 

Pedicab Owner 

First Pedicab 372 

Each Additional Pedicab 84 

Photographer, Public Place 

Owner 429 

Solicitor 77 

Photographic Solicitor 

Owner 429 

Employee 77 

Place of Entertainment 1,500 

Amendment to Permit 660 

Poker 894 

Amendment to Permit 79 

Public Bathhouse 1,122 

Public Outcry Sales 716 

Pushcart Peddler 594 

Recreational Equipment Vendor 408 

Rodeo Exhibition/Wild West Show 651 

Second Hand Dealer 558 

Second Hand Dealer, Auto Accessories . . 558 

Shooting Gallery 723 

Skating Rink 693 

Street Photographer 

Owner 379 

Solicitor 231 

Tow Car Driver 198 

Tow Car Firm 575 

Trade-In Dealer 713 

Valet Parking 

Fixed Location 535 

Annual Special Event 350 

Vehicle for Hire, Nonmotorized 644 



Supp. No. 10, July/August 2007 



Sec. 2.26 



San Francisco - Police Code 



14 



(Amended by Ord. 467-86, App. 12/5/86; Ord. 
382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93; 
Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/ 
97; Ord. 150-02, File No. 021071, App. 7/12/2002; 
Ord. 164-02, File No. 020783, App. 7/26/2002; 
Ord. 196-03, File No. 021948, App. 8/1/2003; Ord. 
262-04, File No. 041148, App. 11/4/2004; Ord. 
193-05, File No. 051027, App. 7/29/2005) 



SEC. 2.26.1. SCHEDULE OF PERMITS 
AND FILING FEES. 

Notwithstanding the provisions of Section 
1085 of this Code, the following filing fees, pay- 
able in advance to the Taxi Commission, are 
required when submitting applications for Motor 
Vehicle for Hire permits to the Taxi Commission: 
TYPE OF PERMIT FILING FEE 

Color scheme, new 

1—5 medallions $865.70 

6—15 medallions 1,730.30 

16—49 medallions 3,461.70 

50 or more medallions 4,326.30 

Color scheme change 288.20 

Interurban bus 268.00 

Jitney bus driver 53.00 

Jitney bus owner 268.00 

Lost medallion 172.70 

Metallic medallion 34.10 

Motorized rickshaw 268.00 

Public convenience and necessity appli- 346.50 

cation 

Public passenger vehicle driver 74.80 

Ramped taxicab 115.50 

Sightseeing bus 268.00 

Taxicab 634.70 

Taxicab radio dispatch service 2,884.20 

(Added by Ord. 383-91, App. 10/28/91; amended 
by Ord. 309-93, App. 10/5/93; Ord. 238-96, App. 
6/11/96; Ord. 63-97, App. 3/6/97; Ord. 88-99, File 
No. 981443, App. 4/30/99; Ord. 176-02, File No. 
011178, App. 8/23/2002; Ord. 196-07, File No. 
070814, App. 8/3/2007) 



SEC. 2.27. SCHEDULE OF LICENSE 
FEES FOR PERMITS ISSUED BY THE 
POLICE DEPARTMENT OR 
ENTERTAINMENT COMMISSION. 

The following license fees are payable to the 
Tax Collector for permits issued by the Police 
Department or Entertainment Commission and, 
when applicable, for their renewal: 

Note: All license fees are at an annual 
rate unless otherwise indicated. 

TYPE OF PERMIT LICENSE FEE 

Amusement Park $ 310 

Antique Shop 53 

Auto Wrecker 408 

Ball or Ring Throwing Games 136 

Balloon and Kite Advertising . . 75 per quarter 
Billiard Parlor 

First Table 125 

Each Additional Table 12 

Bingo Game 66 

Circus 275 per day 

Dance Hall Keeper 354 

Dealer in Firearms and/or Ammuni- 
tion 378 

Discharge of Cannon 41 per day 

Distributor of Advertising 

Class A 112 

Class B 29 

Driverless Auto Rental 269 

Encounter Studio 

Owner 426 

Employee 48 

Escort Service 

Owner 432 

Employee 75 

Extended Hours Permit 470 

Fortuneteller 40 

Funeral Procession Escort 96 

General Soliciting Agent 74 

Itinerant Show, Each Concession . . 36 per day 

Junk Dealer 454 

Junk Gatherer 

Resident 86 

Nonresident 86 

Licensed Tour Guide 128 

Loudspeaker 135 

Masked Ball 194 per day 

Massage Establishment 463 



Supp. No. 10, July/August 2007 



15 



Public Nuisances 



Sec. 2.27.1. 



TYPE OF PERMIT 



LICENSE FEE 



Masseur/Masseuse $ 75 

Trainee 75 per 90-day permit 

Mechanical Amusement Devices 

First Machine 256 

Each Additional Machine 29 

Mechanical Contrivance 

First Machine 144 

Each Additional Machine 22 

Miniature Golf Course 137 

Mobile Caterer 582 

Assistant 41 

Museum 172 

Nude Models in Public Photographic 
Studio 

Owner 408 

Employee 75 

Off-Heliport Landing Site 32 per day 

Outcall Massage 393 

Pawnbroker 447 

Peddler 

Fish, Vegetables, Fruit 624 

Food for Human Consumption 624 

Nonfood 166 

Employee 67 

Pedicab Driver 22 

Pedicab Owner 

First Pedicab 277 

Each Additional Pedicab 139 

Photographer, Public Place 

Owner 172 

Solicitor 66 

Photographic Solicitor 

Owner 139 

Employee 66 

Place of Entertainment 452 

Poker 261 

Public Bathhouse 364 

Public Outcry Sales 246 

Pushcart Peddler 624 

Recreational Equipment Vendor 261 

Rodeo Exhibition/ 

Wild West Show 125 per day 

Second Hand Dealer 53 

Second Hand Dealer, Auto Accessories. . 53 

Shooting Gallery 136 

Skating Rink 300 

Street Photographer 



TYPE OF PERMIT LICENSE FEE 

Owner $137 

Solicitor 67 

Tow Car Driver 28 

Tow Car Firm 

First Tow Truck 457 

Each Additional Tow Truck 182 

Trade-In Dealer . 513 

Valet Parking 

Fixed Location 222 

Annual Special Event 139 

Vehicle for Hire, Nonmotorized 139 

(Amended by Ord. 467-86, App. 12/5/86; Ord. 
382-91, App. 10/28/91; Ord. 309-93, App. 10/5/93; 
Ord. 238-96, App. 6/11/96; Ord. 63-97, App. 3/6/ 
97; Ord. 150-02, File No. 021071, App. 7/12/2002; 
Ord. 164-02, File No. 020783, App. 7/26/2002; 
Ord. 196-03, File No. 021948, App. 8/1/2003; Ord. 
193-05, File No. 051027, App. 7/29/2005; Ord. 
194-06, File No. 060779, App. 7/21/2006) 

SEC. 2.27.1. SCHEDULE OF LICENSE 
FEES FOR MOTOR VEHICLE FOR HIRE 
PERMITS. 

Notwithstanding the provisions of Section 
1085 of this Code, the following license fees are 
payable to the Tax Collector for permits issued 
by the Taxi Commission and, when applicable, 
for their renewal: 

Note: All license fees are at an annual 
rate unless otherwise indicated. 

TYPE OF PERMIT LICENSE FEE 

Color scheme, new 

1—5 medallions $ 576.40 

6—15 medallions 1,153.70 

16—49 medallions 2,307.80 

50 or more medallions 2,884.20 

Interurban Bus 277.00 

Jitney Bus Driver 58.00 

Jitney Bus Owner 277.00 

Motorized Rickshaw 277.00 

Public Passenger Vehicle Driver 51.70 

Ramped Taxicab 115.50 

Sightseeing Bus 277.00 

Taxicab 658.00 



Supp. No. 10, July/August 2007 



Sec. 2.27.1. 



San Francisco - Police Code 



16 



TYPE OF PERMIT LICENSE FEE 

Taxicab Radio Dispatch Service 2,884.20 

(Added by Ord. 383-91, App. 10/28/91; amended 
by Ord. 309-93, App. 10/5/93; Ord. 238-96, App. 
6/11/96; Ord. 63-97, App. 3/6/97; Ord. 88-99, File 
No. 981443, App. 4/30/99; Ord. 176-02, File No. 
011178, App. 8/23/2002; Ord. 196-07, File No. 
070814, App. 8/3/2007) 



SEC. 2.29. ADDITIONAL LICENSE FEES. 

(a) When either a mobile caterer's or 
pawnbroker's permit and license is originally 
granted an additional license fee shall be charged 
as shown below: 



Mobile Caterer. 
Pawnbroker 



$7,500 
6,000 



SEC. 2.28. 
SALES. 



FEES FOR CLOSING-OUT 



(a) Notwithstanding any other provision of 
law, it is the intent of the Board of Supervisors 
that the following fee not only pays for the costs 
of processing the permit and regulating this 
activity, but also generates revenue. The Board 
of Supervisors finds that this fee has, in the past, 
made no distinction between processing/regula- 
tory purposes and revenue generating purposes 
and has been used both to pay for the processing/ 
regulatory costs and to generate substantial rev- 
enue; that this fee has been, and continues to be, 
revenue producing device: that, to insure that no 
greater amount of the revenues produced be 
expended to defray costs than was expended 
prior to the adoption date of Article XIILA of the 
California Constitution, it has become necessary, 
in this case, to provide separate filing fee (which 
is listed in Section 2.26 of this Article) to reflect 
the increased costs of processing and regulatory 
activities since July 1, 1978; and that the follow- 
ing fee predates the passage of Article XIIIA of 
the California Constitution and imposes no change 
to this fee rate. 

(b) Close-Out Sale. The fee shall be charged 
of one percent of the gross retail value of the 
entire stock of merchandise on hand for the 
closing-out sale at the time of application for 
such permit whether said sale is to be conducted 
by auction or otherwise. (Amended by Ord. 355- 
85, App. 7/12/85) 



(b) The license fees required to be paid by 
this Section are imposed, pursuant to the taxing 
power of the City and County of San Francisco, 
solely for the purpose of obtaining revenue and 
they predated the passage of Article XIIIA of the 
California Constitution. 

(c) Any person required to pay a fee under 
this Section shall not be relieved from the pay- 
ment of any license tax or fee for the privilege of 
doing such business required under any other 
ordinance of the City and County and shall 
remain subject to the regulatory provisions of 
other ordinances. 

(d) Every person to whom a license or per- 
mit is transferred, except where the transfer is to 
the spouse, child, or children of a license or 
permit holder by testate or intestate succession 
or to the spouse of a license or permit holder, 
pursuant to a marital settlement agreement, 
with the consent of the Chief of Police and the 
Director, shall pay to the Tax Collector upon 
delivery of each such license or permit by the Tax 
Collector a fee as follows: 



Mobile Caterer. 
Pawnbroker 



$ 500 
6,000 



(e) The Tax Collector shall transmit all mon- 
eys collected pursuant to this Section of the Code 
to the Treasurer for deposit to the General Fund. 
(Added by Ord. 555-81, App. 11/12/81) 



Supp. No. 10, July/August 2007 



17 



Public Nuisances 



Sec. 13. 



SEC. 2.30. ADDITIONAL FEES- 
MOTORIZED CABLE CARS. 

The following filing fees are payable in ad- 
vance to the Police Department when submitting 
applications for motorized cable car and motor- 
ized cable car operator's permits: 



Owner . . 
Operator 



$ 105 
62 



The following license fees are payable to the 
Tax Collector for permits issued by the Police 
Department: 

Owner $ 69 

Operator 11 

(Added by Ord. 272-82, App. 6/10/82) 

SEC. 2.31. ANNUAL ADJUSTMENT OF 
FEES. 

Beginning with fiscal year 2003-2004, fees 
set in Sections 2.26, 2.26.1, 2.27, and 2.27.1, may 
be adjusted each year, without further action by 
the Board of Supervisors, to reflect changes in 
the relevant Consumer Price Index, as deter- 
mined by the Controller. 

No later than April 15th of each year, the 
Police Department, Taxi Commission, and Enter- 
tainment Commission shall submit its current 
fee schedule to the Controller, who shall apply 
the price index adjustment to produce a new fee 
schedule for the following year. 

No later than May 15th of each year, the 
Controller shall file a report with the Board of 
Supervisors reporting the new fee schedule and 
certifying that: (a) the fees produce sufficient 
revenue to support the costs of providing the 
services for which each fee is assessed, and (b) 
the fees do not produce revenue which is more 
than the costs of providing the services for which 
each fee is assessed. (Added by Ord. 150-02, File 
No. 021071, App. 7/12/2002; amended by Ord. 
193-05, File No. 051027, App. 7/29/2005; Ord. 
196-07, File No. 070814, App. 8/3/2007) 



Sec. 6. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 
Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 7. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 12. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 
Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 13. SOLICITATION OF 
PEDESTRIANS PROHIBITED; PENALTY; 
EXCEPTION. 

(a) No person shall stand or shall cause or 
permit any person to stand nor shall an em- 
ployer cause or permit any person to stand on the 
sidewalk or street in front of any store or build- 
ing for the purpose of calling the attention of 
passersby to goods, wares or merchandise dis- 
played or on sale in such store or building, or in 
any other store or building, or to solicit patron- 
age for any business or service or to entice or 
persuade passersby to enter such store or build- 
ing or any other store or building, or to accept the 
service of any business. 

(b) Penalty. Any person who violates any 
provision of this Section shall be guilty of an 
infraction, the penalty for which shall be as 
follows: 

(1) A fine of not less than $100 nor more 
than $250; 

(2) A fine of not less than $250 nor more 
than $750 for a second offense occurring within 
six months of the prior offense; and 

(3) A fine of not less than $750 nor more 
than $1,000 for a third and each subsequent 
offense occurring within six months of a prior 
offense. 

(c) Exception. It is not intended that this 
Section shall apply where its application would 
result in an interference with or inhibition of any 
exercise of the constitutionally protected right of 
freedom of speech or assembly, or with the dis- 
tribution of leaflets, handbills or other written 
materials. (Added by Ord. 614-79, App. 12/13/79) 



Supp. No. 10, July/August 2007 



Sec. 18. 



San Francisco - Police Code 



18 



SEC. 18. PENALTY. 

Any person who shall violate any of the 
provisions of Section 17 of this Article shall be 
guilty of a misdemeanor and, upon conviction 
thereof, shall be punished by a fine not to exceed 
$50 or by imprisonment in the County Jail for 
not more than 30 days or by both such fine and 
imprisonment. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 21. CONSUMING ALCOHOLIC 
BEVERAGES ON PUBLIC STREETS, 
ETC., OR ON PUBLIC PROPERTY OPEN 
TO PUBLIC VIEW PROHIBITED; 
PENALTY. 

(a) No person shall consume any alcoholic 
beverage in any quantity on any public street, 
avenue, sidewalk, stairway, alley, or thorough- 
fare within the City and County of San Fran- 
cisco; nor shall any person consume any alcoholic 
beverage within 15 feet of any public way or 
thoroughfare while on a private stairway, door- 
way, or other private property open to public 
view without the express or implied permission 
of the owner, his agent, or the person in lawful 
possession thereof; provided, however, that the 
provisions of this Section shall not apply to the 
interior portion of any private dwelling, habitat, 
or building, to the consumption by persons in the 
areas herein designated of any duly prescribed 
and dispensed medication having alcoholic con- 
tent, or to those persons consuming alcoholic 
beverages while viewing a parade for which a 
permit has been granted pursuant to Section 367 
of this Code. Further, this Section shall not be 
applicable in those prescribed areas and during 
such time for which permission for temporary 
use or occupancy of public streets and appurte- 
nant areas has been granted by: 

(1) The Board of Supervisors pursuant to 
the provisions of Section 2.70 of the Administra- 
tive Code; 

(2) The Department of Public Works pursu- 
ant to the provisions of Article 5.2 of the Public 
Works Code for a business establishment any- 
where in San Francisco that meets the require- 



ments of a full-service restaurant, pursuant to 
Planning Code Section 790.92 as interpreted by 
the Zoning Administrator; or 

(3) The Department of Public Works pursu- 
ant to the provisions of Article 5.2 of the Public 
Works Code for a business establishment that 
had a valid tables and chairs permit and Califor- 
nia Department of Alcoholic Beverage Control 
beverage license or permit on the effective date 
of this ordinance. 

(b) Penalty. Any person who shall violate 
the provisions of this Section shall be guilty of an 
infraction, the penalty for which shall be a fine of 
not less than $25 nor more than $100. (Amended 
by Ord. 156-86, App. 5/9/86; Ord. 400-97, App. 
10/17/97) 

SEC. 22. OBSTRUCTING ANY STREET, 
SIDEWALK, PASSAGEWAY OR OTHER 
PUBLIC WAY PROHIBITED; PENALTY; 
EXCEPTIONS. 

(a) No person shall wilfully and substan- 
tially obstruct the free passage of any person or 
persons on any street, sidewalk, passageway or 
other public place. 

(b) Penalty. Any person who shall violate 
the provisions of this Section shall be guilty of an 
infraction, the penalty for which shall be a fine of 
not less than $50 nor more than $500. 

(c) Exceptions. (1) It is not intended that 
this Section shall apply where its application 
would result in an interference with or inhibition 
of any exercise of the constitutionally protected 
right of freedom of speech or assembly; and (2) 
nothing contained herein shall be deemed to 
prohibit persons from sitting on public benches 
or other public facilities provided for such pur- 
pose. (Added by Ord. 454-79, App. 9/7/79) 

SEC. 23. OBSTRUCTING ANY STREET, 
SIDEWALK, PASSAGEWAY OR OTHER 
PUBLIC WAY PROHIBITED, SECOND 
OFFENSE WITHIN 24 HOURS; PENALTY; 
EXCEPTIONS. 

(a) Any person who wilfully and substan- 
tially obstructs the free passage of any person or 
persons on any street, sidewalk, passageway or 



Supp. No. 10, July/August 2007 



18.1 Public Nuisances Sec. 23. 



other public place within 24 hours after violating 
and being cited for said violation of Section 22 
shall be in violation of this Section. 



Supp. No. 10, July/August 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 10, July/August 2007 



19 



Public Nuisances 



Sec. 26. 



(b) Penalty. Any person who shall violate 
the provisions of this Section shall be guilty of a 
misdemeanor, the penalty for which shall be 
imprisonment in the County Jail for a period not 
exceeding six months or by a fine of not more 
than $500, or by both such fine and imprison- 
ment. 

(c) Exceptions. (1) It is not intended that 
this Section shall apply where its application 
would result in an interference with or inhibition 
of any exercise of the constitutionally protected 
right of freedom of speech or assembly; and (2) 
nothing contained herein shall be deemed to 
prohibit persons from sitting on public benches 
or other public facilities provided for such pur- 
pose. (Added by Ord. 454-79, App. 9/7/79) 



SEC. 24. OBSTRUCTING ANY STREET, 
SIDEWALK, PASSAGEWAY OR OTHER 
PUBLIC WAY PROHIBITED: SECOND 
OFFENSE WITHIN 120 DAYS OF 
CONVICTION; PENALTY; EXCEPTIONS. 

(a) Any person who wilfully and substan- 
tially obstructs the free passage of any person or 
persons on any street, sidewalk, passageway or 
other public place within 120 days after the date 
of conviction of a violation of Section 22 shall be 
in violation of this Section. 

(b) Penalty. Any person who shall violate 
the provisions of this Section shall be guilty of a 
misdemeanor, the penalty for which shall be 
imprisonment in the County Jail for a period not 
exceeding six months or by a fine of not more 
than $500, or by both such fine and imprison- 
ment. 

(c) Exceptions. (1) It is not intended that 
this Section shall apply where its application 
would result in an interference with or inhibition 
of any exercise of the constitutionally protected 
right of freedom of speech or assembly; and (2) 
nothing contained herein shall be deemed to 
prohibit persons from sitting on public benches 
or other public facilities provided for such pur- 
pose. (Added by Ord. 454-79, App. 9/7/79) 



SEC. 25. REMAINING UPON PRIVATE 
OR BUSINESS PROPERTY AFTER BEING 
REQUESTED TO LEAVE; PENALTY; 
EXCEPTIONS. 

(a) No person shall wilfully remain upon 
any private property or business premises after 
being notified by the owner, lessee, or other 
person in charge thereof to leave. 

(b) No person, without permission, expressed 
or implied, of the owner, lessee, or other person 
in charge of private property or business pre- 
mises shall enter upon such private property or 
business premises after having been notified by 
the owner, lessee, or other person in charge 
thereof to keep off or to keep away therefrom. 

(c) Notice. Such notification referred to in 
subparagraphs (a) and (b) above may be oral or 
in the form of a written notice, posted in a 
conspicuous place, describing the specific area 
and hours in which persons are to keep off or to 
keep away. 

(d) Penalty. Any person who shall violate 
any of the provisions of this Section shall be 
guilty of an infraction, the penalty for which 
shall be a fine which shall be not less than $50 
nor more than $500. 

(e) Exceptions. This Section shall not ap- 
ply in any of the following instances: (1) where 
its application results in or is coupled with an act 
prohibited by the Unruh Civil Rights Act or any 
other provision of law relating to prohibited 
discrimination against any person; (2) where its 
application results in or is coupled with an act 
prohibited by Section 365 of the California Penal 
Code or any other provision of law relating to 
duties of innkeepers and common carriers; or (3) 
where its application would result in an interfer- 
ence with or inhibition of any exercise of a 
constitutionally protected right of freedom of 
speech or assembly. (Added by Ord. 454-79, App. 
9/7/79) 

SEC. 26. REMAINING UPON PRIVATE 
OR BUSINESS PROPERTY AFTER BEING 
REQUESTED TO LEAVE; SECOND 
OFFENSE WITHIN 24 HOURS; PENALTY; 
EXCEPTIONS. 

(a) Any person who remains upon or re- 
turns to said private property or business pre- 
mises within 24 hours after violating and being 



Sec. 26. 



San Francisco— Police Code 



20 



cited for said violation of Section 25 and who is 
again notified by the owner, lessee, or other 
person in charge of the property to leave, or by a 
police officer at the specific request of said per- 
son in charge, and who refuses to do so, shall be 
in violation of this Section. 

(b) Notice. Such notification referred to by 
owners, lessees or other persons in charge of 
premises in subparagraph (a) above may be oral 
or in the form of a written notice, posted in a 
conspicuous place, describing the specific area 
and hours in which persons are to keep off or to 
keep away. 

(c) Penalty. Any person who shall violate 
any of the provisions of this Section shall be 
guilty of a misdemeanor, the penalty for which 
shall be imprisonment in the County Jail for a 
period not exceeding six months or by a fine of 
not more than $500, or by both such fine and 
imprisonment; 

(d) Exceptions. This Section shall not ap- 
ply in any of the following instances: (1) Where 
its application results in or is coupled with an act 
prohibited by the Unruh Civil Rights Act or any 
other provision of law relating to prohibited 
discrimination against any person; (2) Where its 
application results in or is coupled with an act 
prohibited by Section 365 of the California Penal 
Code or any other provision of law relating to 
duties of innkeepers and common carriers; or (3) 
Where its application would result in an inter- 
ference with or inhibition of any exercise of a 
constitutionally protected right of freedom of 
speech or assembly. (Added by Ord. 454-79, App. 
9/7/79) 

SEC. 27. REMAINING UPON PRIVATE 
OR BUSINESS PROPERTY AFTER BEING 
REQUESTED TO LEAVE, SECOND 
OFFENSE WITHIN 120 DAYS OF 
CONVICTION; PENALTY; EXCEPTIONS. 

(a) Any person who remains upon or re- 
turns to said private property or business pre- 
mises within 120 days after the date of convic- 
tion of a violation of Section 25 and who is again 
notified by the owner, lessee, or other person in 
charge of the property to leave, or by a police 



officer, at the specific request of said person in 
charge, and who refuses to do so, shall be in 
violation of this Section. 

(b) Notice. Such notification referred to by 
owners, lessees or other persons in charge of 
premises in subparagraph (a) above may be oral 
or in the form of a written notice, posted in a 
conspicuous place, describing the specific area 
and hours in which persons are to keep off or to 
keep away. 

(c) Penalty. Any person who shall violate 
any of the provisions of this Section shall be 
guilty of a misdemeanor, the penalty for which 
shall be imprisonment in the County Jail for a 
period not exceeding six months or by a fine of 
not more than $500, or by both such fine and 
imprisonment; 

(d) Exceptions. This Section shall not ap- 
ply in any of the following instances: (1) Where 
its application results in or is coupled with an act 
prohibited by the Unruh Civil Rights Act or any 
other provision of law relating to prohibited 
discrimination against any person; (2) Where its 
application results in or is coupled with an act 
prohibited by Section 365 of the California Penal 
Code or any other provision of law relating to 
duties of innkeepers and common carriers; or (3) 
Where its application would result in an inter- 
ference with or inhibition of any exercise of a 
constitutionally protected right of freedom of 
speech or assembly. (Added by Ord. 454-79, App. 
9/7/79) 

SEC. 28. KITE FLYING PROHIBITED 
NEAR HIGH VOLTAGE LINES AND 
BROADCASTING TOWERS. 

It shall be unlawful for any person to fly any 
kite so that the kite, tail, or string comes within 
25 feet of any high voltage overhead conductor or 
artificially illuminated television or radio trans- 
mitting tower. As used in this Section, a "high 
voltage overhead conductor" is any electrical 
conductor with a voltage in excess of 750 volts, 
installed above the ground and not enclosed in 
iron pipe or equivalent; and an "artificially illu- 
minated television or radio transmitting tower" 
is a radio or television transmitting tower equipped 



21 



Public Nuisances 



Sec. 37. 



with electric lighting to avoid hazard to aircraft. 
(Amended by Ord. 458-80, App. 9/26/80) 

SEC. 33. RUBBISH, ETC., THROWING 
ON STREETS PROHIBITED. 

It shall be unlawful for any person or persons 
to put, place, sweep, throw, brush or in any other 
manner deposit any rubbish, paper, cards, news- 
papers, wrapping or wrapping paper, container 
of any kind, string, cord, rope or other binding or 
fastening material, sweepings, dirt or debris or 
discarded material of any kind or character upon 
any sidewalk, street, alley, gutterway or other 
public place in the City and County of San 
Francisco. It shall also be unlawful for any 
person or persons to throw, sweep or brush any 
rubbish, paper sweepings or dirt from any resi- 
dence, flat, apartment house, store or office build- 
ing into any sidewalk, street or alley. (Amended 
by Ord. 1994, Series of 1939, App. 3/8/43) 

SEC. 34. ACCUMULATION OF LITTER 
ON SIDEWALKS PROHIBITED. 

It shall be unlawful for the occupant, or in 
the absence of an occupant, the owner or lessee, 
of any building in the City and County, to permit 
litter to remain or accumulate upon the sidewalk 
in front of or abutting said building. Said litter 
may be disposed of as provided in Section 35(a) of 
the Code, provided, however, that on any day the 
street fronting or abutting said building is sched- 
uled to be serviced by mechanical equipment 
under controlled parking conditions, said litter, 
other than food products or material intended for 
food or drink may be deposited in said street, but 
only one hour prior to said service. The term 
"litter" as used herein shall mean and include 
the enumeration of items set forth in Section 33 
of this Code. (Amended by Ord. 7-77, App. 1/7/77) 

SEC. 35. CUSPIDORS, ETC., NOT TO BE 
EMPTIED ON SIDEWALK. 

No cuspidors, spittoons, tubs or other such 
articles shall be washed, cleaned or emptied on 
any public streets, sidewalks or alleyways in this 
City and County. (Added by Ord. 1.075, App. 
10/11/38) 



SEC. 35(a). USE OF SIDEWALK TRASH 
OR LITTER RECEPTACLES. 

The litter receptacles placed on the sidewalks 
by the Department of Public Works may be used 
for deposit of casual litter such as food, wrappers 
and lunchbags. Sweepings from sidewalk clean- 
ing, as specified in Section 34, may also be 
deposited in such receptacles. It is unlawful for 
any person to deposit any household garbage, 
refuse, waste, sweepings, or dirt collected within 
any residence, flat, apartment house, store, or 
office building in, on top, or alongside such litter 
receptacles. (Amended by Ord. 410-75, App. 10/ 
1/75) 

SEC. 36. TENANT OF LOWER FLAT 
RESPONSIBLE. 

When there are flats or more than one house 
fronting on a pavement, the proprietor or tenant 
of the lower flat or house nearest the sidewalk 
shall be held responsible for the cleanliness of 
said sidewalk. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 37. PENALTY. 

(a) Any person who shall violate any of the 
provisions of Sections 33, 34, 35 or 36 of this 
Article shall be guilty of an infraction and, upon 
conviction thereof, shall be punished for the first 
offense by a fine of not less than $80 nor more 
than $100; and for a second offense by a fine of 
not less than $150 nor more than $200; and for 
each additional offense by a fine of not less than 
$300 nor more than $500. 

(b) Any person who shall violate any of the 
provisions of Section 35(a) of this Article shall be 
guilty of an infraction and, upon conviction thereof, 
shall be punished for the first offense by a fine of 
not less than $80 nor more than $100; for a 
second offense by a fine of not less than $150 nor 
more than $200; and for each additional offense 
by a fine of not less than $300 nor more than 
$500. 

(c) Alternatively, any person who violates 
any of the provisions of Sections 33, 34, or 35(a) 
of this Article shall be subject to an administra- 
tive penalty not to exceed $1,000 for each viola- 



Sec. 37. 



San Francisco— Police Code 



22 



tion. Administrative penalties authorized by this 
section shall be assessed, enforced and collected 
in accordance with Section 39-1 of this Code. 
(Amended by Ord. 72-86, App. 3/14/86; Ord. 
197-98, App. 6/19/98; Ord. 87-03, File No. 030482, 
App. 5/9/2003; Ord. 292-04, File No. 040561, 
App. 12/24/2004) 

SEC. 38. ENFORCEMENT OF LITTER 
LAWS; DESIGNATED OFFICERS AND 
EMPLOYEES. 

The classes of officers or employees of the 
City and County of San Francisco hereinbelow 
set forth may have the duty of enforcing those 
provisions of state law or the San Francisco 
Municipal Code which relate to abatement of 
nuisance conditions on public property or the 
littering of private or public property, including, 
but not limited to, streets, sidewalks, parks, 
squares or recreation areas within said City and 
County, the removal or abatement of any such 
litter from said private or public property or the 
unauthorized use of litter receptacles. In addi- 
tion to any other authority provided by state law 
or the Municipal Code, each of these classes of 
officers or employees may also issue citations 
imposing administrative penalties authorized by 
Section 39-1. 



Classification 
Number 

3289 



Classification 



Class Title 



Number 

0941 Manager VII (positions assigned 

to the Department of Public 
Works only) 

1312 Public Information Officer (posi- 

tions assigned to the Department 
of Public Works only) 

1314 Public Relations Officer (posi- 

tions assigned to the Department 
of Public Works only) 

3130 Arboretum Director 

3230 Golf Director 

3234 Harbormaster 

3287 Assistant Recreation Supervisor 



3291 
3292 

3418 
3422 
3426 
3432 
3436 
3438 
3440 

3462 

3464 

3466 

5103 
5170 

5173 

5182 
5190 
5194 
6120 
6122 

6124 

6126 

6127 



Class Title 

Recreation Supervisor 
Principal Recreation Supervisor 



Assistant Superintendent, Recre- 
ation 

Gardener Assistant Supervisor 

Park Section Supervisor 

Urban Forester 

Assistant Director, Arboretum 

Tree Topper Supervisor I 

Tree Crew Supervisor II 

Landscaping and Street Planting 
Supervisor 

Assistant Director, Golf Course 
Maintenance 

Area Supervisor, Parks, Squares 
and Facilities 

Assistant Superintendent, Parks, 
Squares and Facilities 

Operations Superintendent 

Superintendent, Street Cleaning 
and Tree Planting 

Assistant Superintendent, Street 
Cleaning and Tree Planting 

Deputy Director of Engineering 

Director of Public Works 

Deputy Director for Operations 

Environmental Health Inspector 

Senior Environmental Health 
Inspector 

Principal Environmental Health 
Inspector 

Chief, Bureau of Environmental 
Health Services 

Assistant Chief, Bureau of Envi- 
ronmental Health Services 



23 



Public Nuisances 



Sec. 39-1. 



Classification 

Number Class Title 

6230 Street Inspector 

6231 Senior Street Inspector 

6232 Street Inspector Supervisor 

7215 General Laborer Supervisor I 

7281 Street Cleaning General Fore- 

man 

Park Patrol Officer 

Head Park Patrol Officer 

Parking Controlman 

Environmental Control Officer 



8208 
8210 
8214 
8280 
8282 

H4 

H22 

H32 

H40 
H50 



Senior Environmental Control 
Officer 

Inspector, Bureau of Fire Preven- 
tion and Public Safety 

Lieutenant, Bureau of Fire Pre- 
vention and Public Safety 

Captain, Bureau of Fire Preven- 
tion and Public Safety 

Battalion Chief, Fire Department 

Assistant Chief, Fire Department 



(Added by Ord. 76-87, App. 3/20/87; amended by 
Ord. 175-92, App. 6/16/92; Ord. 87-03, File No. 
030482, App. 5/9/2003) 



SEC. 39. PROCEDURE FOR 
ENFORCEMENT OF LITTER LAWS. 

In the enforcement of said provisions the 
classes of officers and employees set forth in 
Section 38 shall utilize, where appropriate, the 
procedure as prescribed by Section 836.5 and 
Chapter 5C (commencing with Section 853.5) of 
Title 3, Part 2, of the Penal Code of the State of 
California. (Added by Ord. 76-87, App. 3/20/87) 



SEC. 39-1. PROCEDURE FOR 
ASSESSMENT AND COLLECTION OF 
ADMINISTRATIVE PENALTIES FOR 
SPECIFIED LITTERING AND NUISANCE 
VIOLATIONS. 

(a) This Section shall govern the imposi- 
tion, assessment and collection of administrative 
penalties imposed pursuant to Sections 37, 38 
and 63 of the Police Code, Sections 41.13, 283.1, 
287, 288.1 and 600 of the Health Code, and 
Sections 170, 173, 174, 174.2, 184.63 and 724.5 of 
the Public Works Code. 

(b) The Board of Supervisors finds: 

(1) That it is in the best interest of the City 
and its citizens to provide an alternative, admin- 
istrative penalty mechanism for enforcement of 
the littering and nuisance violations covered by 
this section in addition to the existing enforce- 
ment mechanisms authorized under the Califor- 
nia Penal Code; and 

(2) That the administrative penalty scheme 
established by this section is not intended to be 
punitive in nature, but is instead intended to 
compensate the public for the injury and damage 
caused by the prohibited conduct. The adminis- 
trative penalties authorized under this section 
are intended to be reasonable and not dispropor- 
tionate to the damage or injury to the City and 
the public caused by the prohibited conduct. 

(c) Administrative Citation. Where an of- 
ficer or employee designated in Section 38 deter- 
mines that there has been a violation of a local 
litter or nuisance law that authorizes imposition 
of an administrative penalty, the officer or em- 
ployee may issue an administrative citation to 
the person and/or entity responsible for the vio- 
lation. For purposes of this Section, an entity is 
responsible if an officer, employee or agent of the 
entity commits the violation. The citation shall 
inform the person or entity responsible of the 
date, time, place and nature of the violation and 
the amount of the proposed penalty, and shall 
state that the penalty is due and payable to the 
City Treasurer within 15 City business days 
from the date of the notice, if not contested 
within the time period specified. The citation 
shall also state that the person or entity respon- 



Sec. 39-1. 



San Francisco — Police Code 



24 



sible has the right, pursuant to Subsection (d), to 
request administrative review of the citing of- 
ficer or employee's determination as to the vio- 
lation and assessment of penalties, and shall set 
forth the procedure for requesting administra- 
tive review. The Director shall serve the admin- 
istrative citation as follows: 

1. Where there is a nexus between the vio- 
lator and a specific property: 

(A) One copy of the Notice shall be posted in 
a conspicuous place upon the building or 
property. 

(B) One copy of the Notice shall be served 
upon each of the following: 

(i) The person, if any, in real or apparent 
charge and control of the premises or 
property involved; 

(ii) The owner of record. 
Service required by subparagraph (B) may be 
made by personal service or by certified mail. 

2. Where the issuing officer or employee is 
unable to ascertain a nexus between the viola- 
tion and property within the City, a completed 
copy of the administrative citation may be served 
on the individual who has committed the viola- 
tion by personal service or by certified mail. 

3. For purposes of this Section, there is a 
nexus where activity on the property has caused, 
contributed to, or been a substantial factor in 
causing, the violation. 

(d) Request for Hearing; Hearing. 

(1) A person or entity that has been issued 
an administrative citation may request adminis- 
trative review in order to contest the citation 
issued in accordance with this section. Adminis- 
trative review shall be initiated by filing a re- 
quest for administrative review with the Direc- 
tor of Public Works within 15 City business days 
from the date of the citation. Failure to request a 
hearing within the time specified in the citation 
shall be deemed an admission that the cited 
person or entity committed the violation identi- 
fied in the administrative citation. 

(2) Whenever administrative review is re- 
quested pursuant to this Section, the Director of 
Public Works shall, within five City business 



days of receipt of the request, notify the re- 
questor of the date, time, and place of the admin- 
istrative review hearing by certified mail. Such 
hearing shall be held no later than thirty (30) 
calendar days after the Director receives the 
request, unless time is extended by mutual agree- 
ment of the affected parties. 

(3) The administrative review hearing shall 
be conducted by a neutral hearing of officer from 
outside the Department of Public Works and the 
department whose employee issued the citation, 
assigned by the Director of Administrative Ser- 
vices. The Director of Administrative Services 
may issue rules as needed to implement this 
requirement. The parties may present evidence 
and testimony to the hearing officer. All testi- 
mony shall be under oath. The hearing officer 
shall ensure that a record of the proceedings is 
maintained. The burden of proof to uphold the 
violation shall be on the City, but the adminis- 
trative citation shall be prima facie evidence of 
the violation. 

(4) The hearing officer shall issue a decision 
including a summary of the issues and the evi- 
dence presented, and findings and conclusions, 
within ten (10) calendar days of the conclusion of 
the hearing. The hearing officer may uphold the 
penalty imposed by the citation, reduce the pen- 
alty, or dismiss the citation. A copy of the deci- 
sion shall be served by certified mail upon the 
person or entity contesting the violation. The 
decision shall be a final administrative determi- 
nation. An aggrieved party may seek judicial 
review of the decision pursuant to California 
Code of Civil Procedure Sections 1094.5 and 
1094.6. 

(e) Payment and Collection of Penalty. 

(1) Where a person or entity has not made a 
timely request for administrative review, the 
penalty shall be due and payable to the City 
Treasurer on or before 15 City business days 
from the date of issuance. 

(2) Where a person or entity has made a 
timely request for administrative review, and the 
penalty has been upheld in whole or in part upon 
review, any administrative penalty imposed by 
the hearing officer shall be due and payable not 



25 



Public Nuisances 



Sec. 43.1. 



later than ten City business days from the date 
of the notice of decision issued under subpara- 
graph (d)(4). 

(3) If a penalty due and payable under 
paragraphs (1) or (2) remains unpaid after the 
specified due date, the Director of Public Works 
shall send the violator written notice that the 
penalty is overdue. Penalties that remain unpaid 
30 days after the due date shall be subject to a 
late payment penalty of ten percent (10%) plus 
interest at the rate of one percent (1%) per 
month on the outstanding balance, which shall 
be added to the penalty amounts from the date 
that payment is due. Persons and entities against 
whom administrative penalties are imposed shall 
also be liable for the costs and attorney's fees 
incurred by the City and County in bringing any 
civil action to enforce the provisions of this 
section, including obtaining a judgment for the 
amount of the administrative penalty and other 
costs and charges. 

(4) Where there is a nexus between the 
violation and property in the City owned by the 
violator, the Director shall further inform the 
violator that if the amount due is not paid within 
30 days from the date of the notice, the Director 
shall initiate proceedings to make the amount 
due and all additional authorized costs and 
charges, including attorneys fees, a lien on the 
property. Such liens shall be imposed in accor- 
dance with Chapter 10, Article XX of the Admin- 
istrative Code. 

(f) The revenues generated by penalties from 
an administrative citation issued pursuant to 
this Section may be expended only by the depart- 
ment that is responsible for issuing the admin- 
istrative citation, except that each department 
other than Public Works that issues administra- 
tive citations pursuant to this Section shall re- 
imburse the Department of Public Works for the 
costs incurred by the Department of Public Works 
in administering review of those citations issued 
by the other department. The revenues from 
administrative citations issued by Class 8280 
Environmental Control Officers and 8282 Senior 
Environmental Control Officers may be ex- 
pended exclusively by the Department of Public 



Works for the purpose of funding litter enforce- 
ment and abatement except where the use or 
expenditure of those revenues is specifically di- 
rected by law to another program within the 
Department of Public Works. (Added by Ord. 
87-03, File No. 030482, App. 5/9/2003; amended 
by Ord. 27-06, File No. 051142, App. 2/16/2006) 

SEC. 43. PERMITS FOR USE OF 
LOUDSPEAKER OR SOUND AMPLIFYING 
EQUIPMENT OUTSIDE BUILDINGS OR 
OUT OF DOORS. 

(a) Use of Loudspeakers. Upon applica- 
tion made as herein provided and subject to the 
provisions of Sections 47.2 and 49 of this Code, 
the Entertainment Commission, at its discre- 
tion, may issue a permit for use of a loudspeaker 
or sound amplifier not attached to sound trucks 
to project sound outside of any building or at any 
location out of doors in any part of said City and 
County at such times and upon such days as it 
may designate, for any lawful purpose. 

(b) Information Required for Permit. 

Application to the Entertainment Commission 
for a permit to use a loudspeaker or sound 
amplifier as herein provided shall be made on a 
form available at the office of the Entertainment 
Commission and shall contain the following in- 
formation: 

(1) The name and address of applicant; 

(2) The purpose for which sound amplifica- 
tion will be used; 

(3) Location at which loudspeaker or ampli- 
fier will be placed; 

(4) Hours during which sound will be am- 
plified; and 

(5) Dates upon which sound amplification 
will be made. (Amended by Ord. 172-69, App. 
5/21/69; Ord. 164-02, File No. 020783, App. 7/26/ 
2002; Ord. 193-05, File No. 051027, App. 7/29/ 
2005) 

SEC. 43.1. FILING FEE. 

Every person desiring a permit pursuant to 
Section 43 of this Article shall file an application 
with the Entertainment Commission upon a form 



Sec. 43.1. 



San Francisco — Police Code 



26 



provided by the Entertainment Commission and 
shall pay a filing fee. (Added by Ord. 555-81, 
App. 11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 43.2. LICENSE FEE. 

Upon granting the loudspeaker permit, the 
Entertainment Commission shall forward the 
permit to the Tax Collector, if the permit autho- 
rizes sound amplification for seven or more days 
in a calendar year, who shall issue a license upon 
payment by the applicant of the license fee, 
payable in advance. (Added by Ord. 555-81, App. 
11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002; Ord. 193-05, File No. 
051027, App. 7/29/2005) 

SEC. 44. 'PERSON 1 ' DEFINED. 

The word "person" as used in Sections 43 to 
49, inclusive, of this Article shall include and 
mean any person, firm, association or corpora- 
tion. (Amended by Ord. 172-69, pp. 5/21/69) 

SEC. 45. EXCEPTIONS— RADIO, 
TELEVISION RECEIVING SETS, 
PEDESTRIAN OPERATED BULLHORNS. 

The provisions of Sections 43 to 48, inclusive, 
of this Article shall not apply (a) to radio or 
television receiving sets permanently installed 
in private automobiles to receive programs broad- 
cast from regularly licensed and established ra- 
dio stations or to other mechanical sound or 
voice-reproducing devices for the pleasure and 
entertainment of the occupants of such automo- 
biles; (b) to radio or television receiving sets 
installed in any dwelling house to receive pro- 
grams broadcast from regularly licensed and 
established radio stations for the pleasure and 
entertainment of the occupants of such dwelling 
houses; (c) to radio or television receiving sets 
established or maintained in stores indoors to 
demonstrate radio or television sets carried for 
sale or demonstration; or (d) pedestrian operated 
bullhorns, not exceeding 10 watts, E.I.A.; pro- 
vided, however, that the provisions of Section 49 
hereof shall be applicable to all such sets or 
devices. (Amended by Ord. 172-69, App. 5/21/69) 



SEC. 46. DEFINITIONS. 

(a) "Sound Truck." The words "sound truck" 
as used in this Code shall mean any motor 
vehicle, horse drawn vehicle or other means of 
conveyance, having mounted thereon, attached 
thereto or carrying any sound amplifying equip- 
ment. 

(b) "Sound Amplifying Equipment." The 

words "sound amplifying equipment" as used in 
this Code, shall mean any machine or device for 
the reproduction or amplification of the human 
voice, music or other sound. "Sound amplifying 
equipment" shall not be construed as including 
standard automobile radios, television receiving 
sets or mobile radio telephone equipment or 
other mechanical sound or voice-reproducing de- 
vices when used and heard only by occupants of 
the vehicle in which installed, or warning de- 
vices on authorized emergency vehicles or horns 
or other warning devices on other vehicles used 
only for traffic safety purposes. (Amended by 
Ord. 172-69, App. 5/21/69) 

SEC. 47. USE OF SOUND TRUCKS, 
REGISTRATION AND PERMIT 
REQUIRED. 

It shall be unlawful for any person to use or 
cause to be used in the City and County of San 
Francisco any sound truck without first having 
obtained from the Entertainment Commission a 
certified copy of the endorsed registration state- 
ment which shall constitute a permit to use and 
operate such equipment. This certified copy shall 
be placed in a conspicuous and uniform place on 
each sound truck for which the permit is ob- 
tained, and shall be promptly displayed and 
shown to any San Francisco police officer upon 
request. 

(a) Each person desiring to use, or cause to 
be used, any sound truck within the City and 
County of San Francisco must file with the 
Entertainment Commission thereof a written 
registration statement in duplicate, which shall 
state the following: 

(1) Name and home address of the appli- 
cant; 



27 



Public Nuisances 



Sec. 47.2. 



(2) Address of place of business of appli- 
cant; 

(3) Name and address of person having di- 
rect charge of the sound truck; 

(4) The purpose for which the sound truck 
will be used; 

(5) A general statement as to the section or 
sections of the city in which the sound truck will 
be used; 

(6) The proposed hours of operation of the 
sound truck; 

(7) The number of days of proposed opera- 
tion of the sound truck; 

(8) The general description of the sound 
amplifying equipment which is to be used; 

(9) The maximum sound-producing power 
of the sound amplifying equipment to be used in 
or on the sound truck, the voltage used by said 
equipment and the rated power output in watts. 

(b) A filing fee shall be charged for each 
original written registration statement filed with 
the Entertainment Commission. (Added by Ord. 
172-69, App. 5/21/69; amended by Ord. 555-81, 
App. 11/12/81; Ord. 164-02, File No. 020783, App. 
7/26/2002) 

SEC. 47.1. REGISTRATION STATEMENT 
AMENDMENT. 

Any person using, or causing to be used, a 
sound truck within the City and County of San 
Francisco shall amend the registration state- 
ment filed pursuant to Section 47(a) within 48 
hours after any change in the information therein 
furnished. (Added by Ord. 172-69, App. 5/21/69) 

SEC. 47.2. REGULATIONS FOR USE. 

Use of any sound amplifying equipment, 
whether truck-mounted or otherwise, within the 
City and County of San Francisco shall be sub- 
ject to the following regulations: 

(1) The only sounds permitted are music or 
human speech; 

(2) Hours of operation permitted shall be 
between 9:00 a.m. and 10:00 p.m.; operation 
after 10:00 p.m. is permitted only at the location 



of a public event or affair of general public 
interest or as otherwise permitted by the Enter- 
tainment Commission; 

(3) Except as permitted by the Entertain- 
ment Commission sound shall not be issued 
within 450 feet of hospitals, schools, churches, 
courthouses, public libraries or mortuaries; 

(4) No sound truck with its amplifying de- 
vice in operation shall traverse any one block in 
the City and County more than four times in any 
one calendar day; 

(5) Amplified human speech and music shall 
not be unreasonably loud, raucous, jarring or 
disturbing to persons of normal sensitiveness 
within the area of audibility, nor louder than 
permitted in Subsections (6) and (7) hereof; 

(6) When the sound truck is in motion, the 
volume of sound shall be controlled so that it will 
not be audible for a distance in excess of 450 feet 
from its source; provided, however, that when 
the sound truck is stopped by traffic, the said 
sound amplifying equipment shall not be oper- 
ated for longer than one minute at such stop; 

(7) Except as permitted by the Entertain- 
ment Commission for public gatherings, in all 
cases where sound amplifying equipment re- 
mains at one location or when the sound truck is 
not in motion, the volume of sound shall be 
controlled so that it will not be audible for a 
distance in excess of 250 feet from the periphery 
of the attendant audience; 

(8) No sound amplifying equipment shall be 
operated unless the axis of the center of any 
sound reproducing equipment used shall be par- 
allel to the direction of travel of the sound truck; 
provided, however, that any sound reproducing 
equipment may be so placed upon said sound 
truck as to not vary more than 15° either side of 
the axis of the center of the direction of travel 
and, provided further, that radial, nondirectional 
type of loudspeakers may be used on said sound 
trucks either alone or in conjunction with sound 
reproducing equipment placed within 15° of the 
center line of the direction of travel. (Added by 
Ord. 172-69, App. 5/21/69; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 



Sec. 48. 



San Francisco— Police Code 



28 



SEC. 48. LICENSE REQUIRED. 

It shall be unlawful for any person to use or 
cause to be used any sound truck in the City and 
County of San Francisco for any purpose before 
an application has been filed with the Entertain- 
ment Commission as provided in Section 47(a) of 
this Code; the applicant has expressly assumed 
responsibility for performance of all matters and 
observance of all restrictions contained in Sec- 
tion 47.2 of this Code; the Entertainment Com- 
mission has approved the application and issued 
a permit at its discretion, as provided in Section 
652 et seq. of this Code; and a license has been 
obtained from the Tax Collector as therein pro- 
vided. The terms and conditions of Section 682 et 
seq. of this Code apply with full force and effect 
to the licensing of all sound trucks used for any 
purpose within the City and County of San 
Francisco. (Added by Ord. 172-69, App. 5/21/69; 
amended by Ord. 555-81, App. 11/12/81; Ord. 
164-02, File No. 020783, App. 7/26/2002; Ord. 
193-05, File No. 051027, App. 7/29/2005) 

SEC. 49. UNNECESSARY NOISE, 
AUTHORIZED EMERGENCY VEHICLES. 

Except as provided in Sections 43, 45, 46, 
47.1, 47.2, and 48 of this Code, and to amplifying 
equipment used in authorized emergency ve- 
hicles as defined in the California Vehicle Code, 
it shall be unlawful for any person to use, oper- 
ate, maintain, or permit to be played, used or 
operated any radio or television receiving set, 
musical instrument, phonograph, juke box, broad- 
casting equipment or other machine or device for 
the producing, reproducing or amplification of 
sound or human voice in such manner as to 
produce raucous noises or in such manner so as 
to disturb the peace, quiet and comfort of persons 
in the neighbor-hood or with volume louder than 
is necessary for convenient hearing for the per- 
son or persons for whom said machine, instru- 
ment or device is operated. 

The operation of any such set, instrument, 
phonograph, juke box, broadcasting equipment, 
machine or device between the hours of 10:00 
p.m. and 7:00 a.m., in such a manner as to be 
plainly audible at a distance of 50 feet from the 



property line of the property from whence the 
sound is emitted, shall be prima facie evidence of 
a violation of this Section. 

The operation of any such set, instrument, 
phonograph, juke box, broadcasting equipment, 
machine or device at any time in such a manner 
as to cause a noise level in excess of the ambient 
noise level by more than five decibels (5 dBA), as 
those terms are defined in Section 2901 of this 
Code, when measured at the nearest property 
line of the property from whence the sound is 
emitted or, in the case of multiple-family residen- 
tial buildings, when measured anywhere in one 
dwelling unit with respect to a noise emanating 
from another dwelling unit or from common 
space in the same building, shall be prima facie 
evidence of a violation of this Section. (Added by 
Ord. 172-69, App. 5/21/69; amended by Ord. 
274-72, App. 9/20/72) 

SEC. 50. SEVERABILITY. 

It is the intention of the Board of Supervisors 
that each separate section, subsection or subdi- 
vision, sentence, clause or phrase of Sections 43 
to 49, inclusive, of this Code shall be deemed 
independent of each other and it is the further 
intention of the Board of Supervisors that if any 
section, subsection or subdivision, sentence, clause 
or phrase be declared invalid or unconstitu- 
tional, all other remaining portions thereof shall 
remain valid and enforceable. (Added by Ord. 
172-69, App. 5/21/69) 

SEC. 51. SMOKING IN ENCLOSED 
SECTION OF STREET CARS, CABLE 
CARS, MOTOR COACHES AND TROLLEY 
COACHES PROHIBITED. 

It shall be unlawful for any person to smoke 
any cigar, pipe or cigarette, or to carry any 
lighted cigar, pipe or cigarette within the en- 
closed section of any street car, cable car, motor 
coach or trolley coach operated within the City 
and County of San Francisco. (Amended by Ord. 
4007, Series of 1939, App. 9/5/46) 

Sec. 51.1. 

(Added by Ord. 49-73, App. 2/8/73; amended by 
Ord. 562-88, App. 12/27/88; repealed by Ord. 
14-02, File No. 011845, App. 2/8/2002) 



29 



Public Nuisances 



Sec. 55. 



Sec. 51.2. 

(Added by Ord. 49-73, App. 2/8/73; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 52. PENALTY. 

Any person who shall violate any of the 
provisions of Sections 51, 51.1 or 51.2 of this 
Article shall be guilty of a misdemeanor and, 
upon conviction thereof, shall be punished by a 
fine not exceeding $25 or by imprisonment in the 
County Jail for not more than 10 days, or by both 
such fine and imprisonment. (Added by Ord. 
49-73, App. 2/8/73) 

SEC. 53. SMOKING PROHIBITED IN 
TAXICABS WHERE SIGN POSTED. 

(a) Purpose. Because the smoking of to- 
bacco or any other substance is a danger to 
health and is a cause of considerable annoyance 
and discomfort to those who must work in con- 
fined spaces, the Board of Supervisors hereby 
declares that the purpose of this Section is to 
protect the health and welfare of taxicab drivers 
who desire to work in a smoke-free environment. 

(b) "No Smoking" Signs Required To Be 

Provided. Every person, firm or corporation 
operating a taxicab or taxicabs, as defined in 
Section 1076 of this Code, pursuant to a permit 
issued by the Chief of Police shall provide a "no 
smoking" sign and/or the international no- 
smoking symbol for each vehicle during all hours 
of operation and shall authorize the driver of the 
vehicle to determine whether or not to post the 
no-smoking sign or symbol in the vehicle. 

(c) Smoking Prohibited Where "No 
Smoking" Sign Posted. It shall be unlawful for 
any person to smoke or carry a lighted cigar, 
cigarette or pipe in a taxicab wherein a "no 
smoking" sign and/or the international no- 
smoking symbol is posted in a place readily to be 
seen and read by the passengers. 

(d) No Private Right of Action. In under- 
taking the enforcement of this ordinance, the 
City and County of San Francisco is assuming an 
undertaking only to promote the general wel- 
fare. It is not assuming, nor is it imposing on its 
officers and employees, an obligation for breach 



of which it is liable in money damages to any 
person who claims that such breach proximately 
caused injury. 

(e) No Intent to Affect Rights and Obli- 
gations Under State Law. This Section is not 
intended to affect any rights or obligations of 
taxicab operators or patrons conferred or im- 
posed by state law. (Added by Ord. 74-86, App. 
3/14/86; amended by Ord. 562-88, App. 12/27/88) 

SEC. 53.1. PENALTY. 

Any person who shall violate the provisions 
of Section 53 of this Article shall be guilty of a 
misdemeanor and, upon conviction thereof, shall 
be punished by a fine not exceeding $25 or by 
imprisonment in the County Jail for not more 
than 10 days, or by both such fine and imprison- 
ment. (Added by Ord. 74-86, App. 3/14/86) 

SEC. 55. SMOKING, ETC., ON 
WHARVES, ETC. 

(a) It shall be unlawful for any person to 
smoke, carry or possess a lighted cigar, cigarette, 
or pipe, or to smoke tobacco or any other similar 
substance in any form, or to ignite any match or 
mechanical lighter on or in any wharf, pier, dock, 
bulkhead, or marine facility; provided, however, 
that tobacco may be smoked in any area or space 
on or in any such place or structure, that may be 
set apart for such purpose by the joint action of 
the Chief of the Fire Department and the Board 
of State Harbor Commissioners, and clearly so 
designated by duly posted signs; but any such 
permission to smoke in a designated area or 
space may be withdrawn at any time by like joint 
action. Provided, however, that in every area or 
space set apart as a space or area within which 
smoking is permitted, in accordance with the 
provisions of this Section, there shall be provided 
at least one approved fireproof container filled 
with sand for every three hundred square feet or 
fraction thereof of floor area for the purpose of 
depositing cigarettes or cigar butts, tobacco, 
matches and other material which may be pro- 
ductive of starting fires and at least one ap- 
proved portable fire extinguisher for every five 
hundred square feet or fraction thereof of said 
floor area, which fire extinguisher shall be at 



Sec. 55. 



San Francisco — Police Code 



30 



least two and one-half gallon capacity or at least 
one quart capacity if said fire extinguisher is of 
the carbon tetrachloride type. 

(b) It shall be unlawful for any person to 
smoke, carry or possess a lighted cigar, cigarette, 
or pipe, or to smoke tobacco or any other similar 
substance in any form, or to ignite any match or 
mechanical lighter on any vessel moored at any 
wharf, pier, dock, bulkhead, or marine facility; 
provided, however, that tobacco may be smoked 
in any area or space that may be set apart for 
such purpose on any such vessel by the joint 
action of the Chief of the Fire Department and 
the master of said vessel, and clearly so desig- 
nated by duly posted signs; but, any such per- 
mission to smoke in a designated area or space 
may be withdrawn at any time by like joint 
action; and provided further, that in no case shall 
smoking be permitted 

(1) On weather decks, 

(2) When loading or discharging explosives, 

(3) In cargo spaces, 

(4) When gas freeing ship's tanks or when 
loading in bulk any liquid inflammable cargo 
having a flash point of 80° F. or below. (Amended 
by Ord. 2692, Series of 1939, App. 4/26/44) 

SEC. 55.1. OPEN FLAME OR ELECTRIC 
ARC UNLAWFUL— EXCEPTION. 

It shall be unlawful for any person to use an 
open flame of any character or an electric arc, 
excepting only when said open flame or electric 
arc is necessarily employed in the making of 
repairs, alterations, or structural changes on or 
in any wharf, pier, dock, bulkhead or marine 
facility or within any hatch, hold or other space 
wherein cargo of any character is or may be kept 
or stored in any vessel on or within the limits of 
the City and County of San Francisco. (Added by 
Ord. 2692, Series of 1939, App. 4/26/44) 

SEC. 56. AUTHORITY TO MAKE RULES. 

The Chief Engineer of the Fire Department, 
in conjunction with the Chief of the Division of 
Fire Prevention and Investigation, is hereby 
authorized and given full power and authority to 
make all necessary rules and regulations, not in 



conflict with the provisions of Sections 55 and 
55.1 of this Chapter, providing for the use of any 
open flame or electric arc when the same are 
used in the making of repairs, alterations, or 
structural changes on any wharf, pier, dock, 
bulkhead or marine facility or within any hatch, 
hold or other space wherein cargo of any charac- 
ter is or may be kept or stored in any vessel on or 
within the limits of the City and County of San 
Francisco, and providing for the safe and proper 
fire protection for any area or space, including 
any office or lunchroom, wherein smoking is 
permitted in accordance with Section 55 of this 
Chapter. (Amended by Ord. 2692, Series of 1939, 
App. 4/26/44) 

SEC. 57. VIOLATION. 

Any person who shall violate any of the 
provisions of Sections 55, 55.1 and 56 of this 
Article, or any rule or regulation made by the 
Chief of the Fire Department in conjunction with 
the Chief of the Division of Fire Prevention and 
Investigation, under authority hereof, shall be 
guilty of a misdemeanor and shall be punished 
by a fine of not exceeding $500, or imprisonment 
in the County Jail for not more than six months, 
or by both such fine and imprisonment. (Amended 
by Ord. 1691, Series of 1939, App. 4/26/44) 

SEC. 58. EXCEPTION. 

The Municipal Recreation Concrete Pier at 
the Aquatic Park shall be exempt from the pro- 
visions of Sections 55 and 57 of this Article, 
except those provisions contained in Section 56 
of this Article. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 63. OBSTRUCTIONS ON STREETS 
AND SIDEWALKS. 

(a) It shall be unlawful for any person, firm 
or corporation, occupying or having charge or 
control of any premises, to place or cause to be 
placed, or suffer to remain upon the sidewalk, or 
upon the half of the street in front of such 
premises, any Article or substance which shall 
obstruct the passage of such street or sidewalk. 



31 



Public Nuisances 



Sec. 87. 



(b) It shall be unlawful for any person, firm 
or corporation to enter into a lease, rental agree- 
ment or contract of any kind, written or oral, 
with or without compensation, for the use of any 
street or sidewalk. 

(c) As an alternative to any other fines or 
penalties applicable to a violation of this section, 
any person, firm or corporation who is in viola- 
tion of this section shall be subject to an admin- 
istrative penalty not to exceed $300 for each 
violation. The administrative penalty shall be 
assessed, enforced and collected in accordance 
with Section 39-1 of this Code. (Amended by Ord. 
169-87, App. 5/4/87; Ord. 87-03, File No. 030482, 
App. 5/9/2003) 

SEC. 64. EXCEPTIONS. 

The provisions of Section 63(a) of this Article 
shall not apply to: 

(a) Goods or merchandise in actual course 
of receipt, delivery or removal; 

(b) Lamp posts or hydrants, erected by per- 
mission of the Director of Public Works; 

(c) Any tree, plant or shrub planted in the 
sidewalk area, or any boxed or potted tree, plant 
or shrub set on the sidewalk area when the 
containers are not attached to the building; 

(d) Watering troughs placed by permission 
of the Director of Public Works upon sidewalks 
for the accommodation of the public; 

(e) Bicycle racks or motorcycle racks placed 
upon the sidewalks by permission of the Director 
of Public Works and of the adjoining property 
owners for the accommodation of persons using 
such bicycle or motorcycle, the same not to 
exceed three feet in width and three feet in 
height and to be entirely devoid of advertising 
matter; provided, that motorcycle racks shall be 
supplied with a metallic pan for the purpose of 
catching oil drippings; 

(f) Hitching posts placed by permission of 
the Director of Public Works upon sidewalks, in 
accordance with pattern indicated in the design 
approved by and on file in the office of said 
Director; 



(g) Sockets to be placed upon the outer line 
of the sidewalk within the curb line for the 
support of flagpoles to be used for the display of 
flags. The said sockets shall be approved by, and 
installed under the supervision and to the satis- 
faction of, the Director of Public Works; 

(h) "A" boards or advertising signs, placed 
and displayed by authorized representatives of 
the Armed Forces of the United States, in aid of 
their respective recruitment programs; 

(i) A display stand placed on the sidewalk, 
within a certain area as set forth in Sections 153 
and 183-1 of Article 5.3 of the Public Works Code, 
for display of fruits and vegetables or nonfood 
merchandise. The display stand shall be ap- 
proved by, placed under the supervision of, and 
maintained under conditions established by, the 
Director of Public Works. (Amended by Ord. 
523-83, App. 11/4/83) 

SEC. 69. PILING OF LUMBER AND 
TIMBER REGULATED. 

It shall be unlawful for any person, firm or 
corporation to place or pile, or cause to be placed 
or piled, any lumber or timber to a greater height 
than 35 feet measured vertically from the gen- 
eral level of the ground on which it is placed or 
piled. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 74. HYDRANTS, OBSTRUCTION 
OF, PROHIBITED. 

It shall be unlawful for any person to ob- 
struct any hydrant on any public street, or to 
place or deposit any lumber, rock, sand, or other 
substance within 15 feet of any hydrant on the 
roadway of any street. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 87. SCATTERING BILLPOSTING 
REFUSE PROHIBITED. 

No person, firm or corporation shall scatter, 
daub or leave any paint, paste, glue, or other 
substance used for painting or affixing advertis- 
ing matters upon any public street or sidewalks 
or scatter or throw or permit to be scattered or 
thrown any bills, waste matter, paper, cloth or 
materials of whatsoever kind removed from bill- 



Sec. 87. 



San Francisco — Police Code 



32 



boards on any public street or on private prop- 
erty. (Added by Ord. 1.075, App. 10/11/38) 

Sec. 92. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 93. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 94. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 95. PROHIBITING THE FREE 
DISTRIBUTION OF TOBACCO IN PUBLIC 
PLACES; PENALTY. 

(a) No person, firm, association or corpora- 
tion in the business of selling or otherwise dis- 
tributing cigarettes or other tobacco or smoking 
products for commercial purposes shall in the 
course of such business distribute, or direct, 
authorize, or permit any agent or employee to 
distribute, (1) any cigarette or other tobacco or 
smoking product, including any smokeless to- 
bacco product, or (2) coupons, certificates, or 
other written material which may be redeemed 
for tobacco products without charge, to any per- 
son on any public street or sidewalk or in any 
public park or playground or on any other public 
ground in any public building. 

(b) No agent or employee of any person, 
firm, association or corporation in the business 
of selling or otherwise distributing cigarettes or 
other tobacco or smoking products for commer- 
cial purposes shall in the course of such business 
distribute (1) any cigarette or other tobacco or 
smoking product, including any smokeless to- 
bacco product, or (2) coupons, certificates, or 
other written material which may be redeemed 
for tobacco products without charge, to any per- 
son on any public street or sidewalk or in any 
public park or playground or on any other public 
ground or in any public building. 

(c) Any person, firm, association or corpora- 
tion who violates Subsection (a) shall be deemed 
guilty of a misdemeanor and upon conviction 



shall be punished by a fine of $1,000 or by 
imprisonment in the County Jail for a period not 
to exceed six months, or by both such fine and 
imprisonment. Each distribution of cigarettes or 
other tobacco or smoking products to a person 
shall be considered a separate offense. 

(d) Any person violating Subsection (b) shall 
be deemed guilty of an infraction. Every viola- 
tion is punishable by (1) a fine not exceeding 
$100 for a first violation; (2) a fine not exceeding 
$200 for a second violation within one year; (3) a 
fine not exceeding $500 for each additional vio- 
lation within one year. Each distribution of ciga- 
rettes or other tobacco or smoking products to a 
person shall be considered a separate offense. 
(Added by Ord. 296-88, App. 6/29/88) 



[The next page is 51] 



ARTICLE 1.1: REGULATING THE USE OF VEHICLES 
FOR HUMAN HABITATION 



Sec. 


96. 


Definitions. 


Sec. 


97. 


Use of Vehicles for Human 
Habitation Prohibited. 


Sec. 


97.1. 


Exception. 


Sec. 


98. 


Penalty. 


Sec. 


99. 


Severability. 



SEC. 96. DEFINITIONS. 

For the purpose of this Article the following 
words and phrases shall mean and include: 

(a) House car. House car shall mean a 
motor vehicle originally designed or perma- 
nently or temporarily altered and equipped for 
human habitation, or to which a camper has 
been permanently or temporarily attached. 

(b) Camper. Camper shall mean a struc- 
ture designed to be mounted upon a motor ve- 
hicle and to provide facilities for human habita- 
tion or camping purposes. 

(c) Trailer Coach. Trailer coach is a struc- 
ture designed to be drawn by a motor vehicle for 
human habitation, or human occupancy, for car- 
rying persons or property on its own. 

(d) Person. An individual, firm, partner- 
ship, joint adventure, association, social club, 
fraternal organization, joint stock company, cor- 
poration, estate, trust, business trust, receiver, 
trustee, syndicate, or any other group or combi- 
nation acting as a unit excepting the United 
States of America, the State of California, and 
any political subdivision of either thereof. (Added 
by Ord. 77-71, App. 4/2/71) 

SEC. 97. USE OF VEHICLES FOR 
HUMAN HABITATION PROHIBITED. 

(a) No person shall use or occupy or permit 
the use or occupancy of any house car, camper or 
trailer coach for human habitation, including but 
not limited to sleeping, eating or resting, either 
single or in groups, on any street, park, beach, 



square, avenue, alley or public way, within the 
City and County of San Francisco between the 
hours of 10:00 p.m. and 6:00 a.m. 

(b) No person shall use or occupy or permit 
the use or occupancy of any motor vehicle for 
human habitation, either single or in groups, on 
any street, park, beach, square, avenue, alley or 
public way, within a residential neighborhood of 
the City and County of San Francisco between 
the hours of 10:00 p.m. and 6:00 a.m. For the 
purposes of this Section, "motor vehicle" shall 
mean any self-propelled vehicle other than a 
house car, camper or trailer coach. "Residential 
neighborhood" shall mean any area of the City 
zoned for R-H, R-M or R-C use under the City 
Planning Code, and "habitation" shall mean the 
use of a motor vehicle as a dwelling place, and 
shall not mean the use of a motor vehicle for 
allevation of sickness or temporary physical in- 
ability to operate such motor vehicle. (Amended 
by Ord. 417-84, App. 10/5/84) 

SEC. 97.1. EXCEPTION. 

The General Manager of the Recreation and 
Park Department may by written permit allow 
the use or occupancy of any housecar, camper or 
trailer coach on or in any property under the 
jurisdiction of the Recreation and Park Commis- 
sion when he finds that such use is necessary for 
the operation and protection of City property and 
livestock. 

The permission granted by the General Man- 
ager may be revoked upon five days written 
notice to the permittee. (Added by Ord. 77-71, 
App. 4/2/71) 

SEC. 98. PENALTY. 

Any person who violates any provisions of 
this Article shall be deemed guilty of a misde- 
meanor and upon conviction such person shall be 
punished by a fine of not to exceed $1,000 or by 
imprisonment in the County Jail for a period not 



51 



Sec. 98. San Francisco— Police Code 52 

to exceed six months, or by both such fine and 
imprisonment. (Added by Ord. 77-71, App. 4/2/ 
71) 

SEC. 99. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Code or any part 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause or phrase thereof, irrespective of the fact 
that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, clauses or 
phrases be declared unconstitutional or invalid 
or ineffective. (Added by Ord. 77-71, App. 4/2/71) 



[The next page is 63] 



ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH 

MINOR CHILDREN 



Sec. 100. Findings. 

Sec. 101. Definition: Housing 

Accommodation. 

Sec. 102. Prohibited Activity. 

Sec. 103. Occupancy Standards. 

Sec. 104. Tenant Age Policy Not 

Prohibited. 

Sec. 105. Requirements of Financial 

Obligations Not Prohibited. 

Sec. 106. Penalty. 

Sec. 107. Civil Action. 

Sec. 107.1. Liability. 

Sec. 107.2. Injunctive Relief. 

Sec. 107.3. Administrative Remedies. 

Sec. 107.4. Limitation on Actions. 

Sec. 107.5. Bar. 

Sec. 108. Severance Clause. 

SEC. 100. FINDINGS. 

After public hearings with the reception of 
testimony and documentary evidence, we find 
that discrimination against families with minor 
children in the leasing or renting of housing 
accommodations exists within the City and County 
of San Francisco. We further find that the exist- 
ence of such discrimination poses a substantial 
threat to the health and welfare of a sizable 
segment of the community, namely families with 
minor children. 

We find that a shortage of housing suitable 
for families with minor children exists within the 
City and County. We further find that a low 
vacancy rate exists in all rental housing through- 
out San Francisco. The addition of discrimina- 
tion against families with minor children to the 
above two factors creates an untenable situation 
for the children of San Francisco. 

We find that existing state and local laws 
prohibiting housing discrimination against fami- 
lies with children have not stopped acts of dis- 



crimination. Some landlords have attempted to 
circumvent these laws by engaging in subtle 
forms of discrimination that do not overtly ex- 
clude families with children but that nonetheless 
limit their opportunities to rent. Some landlords 
use overly restrictive occupancy standards to 
limit the number of persons who can reside in a 
rental unit. These standards have an adverse 
effect on the ability of families with children to 
rent because families with children tend to have 
a larger number of persons per household than 
childless households. Other forms of subtle dis- 
crimination include rent surcharges for addi- 
tional occupants of a unit and unreasonable 
rules governing children's conduct in and around 
the rental unit. 

The overall effect of such discrimination is to 
encourage the flight of families from the City and 
to further diminish family-oriented neighbor- 
hoods. It has an overall detrimental effect on the 
composition of the City, the stability of neighbor- 
hoods, the preservation of family life within the 
City, the living conditions of our children, the 
quality of our schools, and the viability of children's 
activities and organizations. 

This discrimination cuts across all racial, 
ethnic and economic levels but has a dispropor- 
tionate and adverse effect on racial and ethnic 
minority families. (Added by Ord. 320-75, App. 
7/14/75; amended by Ord. 399-87, App. 9/25/87) 

SEC. 101. DEFINITION: HOUSING 
ACCOMMODATION. 

Residential rental unit consisting of one or 
more rooms. (Added by Ord. 320-75, App. 7/14/ 
75; amended by Ord. 399-87, App. 9/25/87) 

SEC. 102. PROHIBITED ACTIVITY. 

It shall be unlawful for the owner, lessor, 
lessee, sublessee, real estate broker, assignee, or 
other person having the rights of ownership, the 



63 



Sec. 102. 



San Francisco — Police Code 



64 



right of possession, or the right to rent or lease 
any housing accommodations, or any agent or 
employee of such person to: 

(a) Refuse to rent or lease, or otherwise 
deny to or withhold from any person such accom- 
modations because such person has a minor 
child or children who shall occupy the leased or 
rented premises with such person; 

(b) Represent to any person because of the 
potential tenancy of a minor child or children 
that housing accommodations are not available 
for inspection or rental when such dwelling is in 
fact so available; 

(c) Make, print, or publish, or cause to be 
made, printed or published any notice, state- 
ment, or advertisement, with respect to the rental 
of housing accommodations that indicates any 
preference, limitation, or discrimination based 
on the potential tenancy of a minor child or 
children; 

(d) Discriminate against any person in the 
terms, conditions or privileges of the rental of 
housing accommodations or in the provision of 
services or facilities in connection therewith, 
because of the potential tenancy of a minor child 
or children; 

(e) Refuse to rent after the making of a bona 
fide offer, or to refuse to negotiate for the rental 
of, or otherwise make unavailable or deny, hous- 
ing accommodations to any person because of the 
potential tenancy of a minor child or children; 

(f) Include in any lease or rental agreement 
of housing accommodations a clause providing 
that as a condition of continued tenancy the 
tenants shall remain childless or shall not bear 
children; 

(g) Charge additional rent, deposits, fees, or 
surcharges on the basis of actual or potential 
number or age of persons living in the housing 
accommodations; 

(h) Establish unreasonable rules for, or con- 
ditions of, occupancy of housing accommodations 
which have the effect of excluding or discrimi- 
nating against persons with children. Examples 
of unreasonable rules include, but are not lim- 
ited to, the following: 

(1) Restricting the hours during which mi- 
nor children but not adults may use recreational 
facilities on the property; 



(2) Requiring that minor children who are 
six years of age or older be accompanied by a 
parent or other adult when using common areas 
which are accessible to all tenants and which do 
not present any unusual hazards; 

(3) Limiting the occupancy of persons with 
children to certain units, floors or areas of an 
apartment building; and 

(4) Prohibiting children of the opposite sex 
from sharing the same bedroom. 

Nothing in this subsection shall preclude a 
property owner or other person having the right 
to rent or lease any housing accommodations 
from adopting reasonable policies or practices 
regulating the use of the accommodations or its 
common areas, facilities, and services even though 
those policies and practices have the effect of 
excluding persons with children. A policy or 
practice is reasonable, under this subsection, if it 
fulfills a business necessity. Business necessity 
is demonstrated by independent and objective 
evidence that the policy or practice in question 
serves a legitimate and nondiscriminatory busi- 
ness purpose and is essential to the safe and 
continued operation of the business. (Added by 
Ord. 320-75, App. 7/14/75; amended by Ord. 
399-87, App. 9/25/87; Ord. 123-93, App. 4/29/93) 

SEC. 103. OCCUPANCY STANDARDS. 

No provision of this Article shall be construed 
to authorize occupancies in violation of the floor- 
area standards of Section 501.1 of Article 5 of the 
San Francisco Housing code except that children 
under the age of six shall not be counted for 
purposes of determining whether a family com- 
plies with the standards of the San Francisco 
Housing Code. (Added by Ord. 399-87, App. 9/25/ 
87) 

SEC. 104. TENANT AGE POLICY NOT 
PROHIBITED. 

In residential buildings otherwise covered by 
this ordinance, where the owner has complied 
with the requirements of Section 51.3 of the 
California Civil Code pertaining to senior-citizen 
housing, said owner or any other person enumer- 



65 



Discrimination in Housing Against Families with Minor Children 



Sec. 108. 



ated in Section 102 hereinabove shall be exempt 
from the provisions of this ordinance. (Added by 
Ord. 320-75, App. 7/14/75; amended by Ord. 
399-87, App. 9/25/87) 

SEC. 105. REQUIREMENTS OF 
FINANCIAL OBLIGATIONS NOT 
PROHIBITED. 

This ordinance shall not prohibit the person 
having the right to rent or lease the premises 
from requiring the same financial obligations of 
prospective tenants with minor children as he or 
she may require of prospective tenants without 
children. However, no discrimination in the 
amount or manner of payment of said financial 
obligations shall be permitted. (Added by Ord. 
320-75, App. 7/14/75) 

SEC. 106. PENALTY. 

Any person who violates any provision of 
Section 102 of this Article shall be deemed guilty 
of a misdemeanor, and upon conviction thereof 
shall be punished by a fine of not more than 
$2,000 or by imprisonment in the County Jail for 
a period of not more than six months, or both. 

Any person believing that a violation of said 
section has been committed may file a complaint 
with the District Attorney. (Added by Ord. 320- 
75, App. 7/14/75; amended by Ord. 399-87, App. 
9/25/87) 

SEC. 107. CIVIL ACTION. 

Any aggrieved person may enforce the provi- 
sions of this Article by means of a civil action. 
(Added by Ord. 399-87, App. 9/25/87) 

SEC. 107.1. LIABILITY. 

Any person who violates any of the provisions 
of this Article or who aids in the violation of any 
provisions of this Article shall be liable for, and 
the court must award to the individual whose 
rights are violated, three times the amount of 
special and general damages, or three times the 
amount of one month's rent that the landlord 
charges for the unit in question. The court may 
award in addition thereto, not less than $200 but 



not more than $400, together with attorney's 
fees, costs of action, and punitive damages. (Added 
by Ord. 399-87, App. 9/25/87) 

SEC. 107.2. INJUNCTIVE RELIEF. 

(a) Any person who commits, or proposes to 
commit, an action in violation of this Article may 
be enjoined therefrom by any court of competent 
jurisdiction. 

(b) Any action for injunctive relief under 
this Article may be brought by any aggrieved 
person, by the District Attorney, by the City 
Attorney, or by any person or entity that will 
fairly and adequately represent the interests of 
the protected class. (Added by Ord. 399-87, App. 

. 9/25/87) 

SEC. 107.3. ADMINISTRATIVE 
REMEDIES. 

A person or organization who believes that a 
violation of the provisions of this Article has 
occurred may file with the Human Rights Com- 
mission a complaint pursuant to the procedures 
of Article 33 of the San Francisco Police Code, 
Section 3307(b). (Added by Ord. 399-87, App. 
9/25/87) 

SEC. 107.4. LIMITATION ON ACTIONS. 

Judicial actions or complaints to the Human 
Rights Commission under this Article must be 
filed within one year of the alleged discrimina- 
tory acts. (Added by Ord. 399-87, App. 9/25/87) 

SEC. 107.5. BAR. 

A complaint to the Human Rights Commis- 
sion is not a prerequisite to the filing of a civil 
action under this section. The pendency of a 
complaint before the Human Rights Commission 
shall not bar any civil action under this section, 
but a final judgment in any civil action shall bar 
any further proceedings by the Human Rights 
Commission. (Added by Ord. 399-87, App. 9/25/ 
87) 

SEC. 108. SEVERANCE CLAUSE. 

If any article, section, subsection, paragraph, 
sentence, clause or phrase of this Code, or any 
part thereof, is for any reason held to be uncon- 



Sec. 108. San Francisco— Police Code 66 

stitutional or invalid or ineffective by any court 
of competent jurisdiction, or other competent 
agency, such decision shall not affect the validity 
or effectiveness of the remaining portions of this 
Code or any part hereof. The Board of Supervi- 
sors hereby declares that it would have passed 
each Article, section, subsection, paragraph, sen- 
tence, clause or phrase thereof, irrespective of 
the fact that any one or more Articles, sections, 
subsections, paragraphs, sentences, clauses or 
phrases be declared unconstitutional or invalid 
or ineffective. (Added by Ord. 320-75, App. 7/14/ 
75; amended by Ord. 399-87, App. 9/25/87) 



[The next page is 71] 



ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES 

RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES 

AND REFUNDING ANY RENT INCREASES 



Sec. 109.1. Purpose. 

Sec. 109.2. Definitions. 

Sec. 109.3. Rental Increase Moratorium 

and Rollback Provisions. 
Sec. 109.4. Violation of Ordinance. 
Sec. 109.5. Refusal of a Tenant to Pay a 

Rent Increase. 
Sec. 109.6. Severability. 
Sec. 109.7. Extension. 

SEC. 109.1. PURPOSE. 

The passage of Proposition 13, the property 
tax reform measure on June 6, 1978 ballot, has 
meant substantial property tax decreases to most 
landlords in the City and County of San Fran- 
cisco. Through the use of a Renters Hot Line and 
public hearings, it has been found that a sub- 
stantial number of landlords have increased the 
rents of tenants, and few have decreased rents, 
despite the passage of Proposition 13. 

The Board of Supervisors will be considering 
the feasibility and desirability of measures de- 
signed to address the problems created by the 
unjustified spiraling rents in the City and County 
of San Francisco. Pending further study of the 
development and adoption of measures to ad- 
dress the problems created by the unjustified 
rent increases, it is necessary to temporarily roll 
back rents and, through June 14, 1979, to pro- 
hibit most rental increases on rental residential 
units within the City and County of San Fran- 
cisco. (Added by Ord. 181-79, App. 4/24/79) 

SEC. 109.2. DEFINITIONS. 

(a) Housing Services. Services connected 
with the use or occupancy of a rental unit includ- 
ing, but not limited to, repairs, replacement, 
maintenance, painting, light, heat, water, eleva- 
tor service, laundry facilities and privileges, jani- 



tor service, refuse removal, furnishings, tele- 
phone, parking and any other benefits, privileges 
or facilities. 

(b) Landlord. An owner, lessor, sublessor, 
including any person, firm, corporation, partner- 
ship, or other entity, entitled to receive rent for 
the use of any rental unit, or the agent, repre- 
sentative or successor of any of the foregoing. 

(c) Moratorium Period. The period of time 
beginning on the effective date of this article and 
continuing through June 14, 1979, or until such 
time as the Board of Supervisors establishes a 
procedure for the adjustment and/or regulations 
of rents, whichever occurs first. During this 
period, rents shall not be increased. 

(d) Rent. The consideration, including any 
bonus, benefits or gratuity demanded or re- 
ceived, for or in connection with the use or 
occupancy of a rental unit or the transfer of a 
lease for such a unit, including but not limited to 
monies demanded or paid for parking, for fur- 
nishings, for housing services of any kind, for 
subletting, or for security deposits for damages 
and/or for cleaning. 

(e) Rental Units. All dwellings in the City 
and County of San Francisco designed for rental 
use or actually rented at any time on or after 
June 1, 1977 including single family dwellings 
and mobile homes, together with the land and 
buildings appurtenant thereto, and all services, 
privileges, furnishings and facilities supplied in 
connection with the use or occupancy thereof, 
including garage and parking facilities. The term 
shall not include: 

(1) Housing accommodations in hotels, mo- 
tels, inns, tourist homes and rooming and board- 
ing houses (which are rented primarily to tran- 
sient guests for a period of less than 14 days); 



71 



Sec. 109.2. 



San Francisco - Police Code 



72 



(2) Dwelling units in nonprofit cooperatives 
owned and controlled by a majority of the resi- 
dents; 

(3) Housing accommodations in any hospi- 
tal, convent, monastery, extended care facility, 
asylum, nonprofit home for the aged, or in dor- 
mitories owned and operated by an institution of 
higher education, a high school, or an elemen- 
tary school; 

(4) Dwelling units which a government unit, 
agency or authority owns, operates, or manages 
or which are specifically exempted from munici- 
pal rent regulation by state or federal law or 
administrative regulation; 

(5) Dwelling units located in a structure 
completely or newly constructed after the effec- 
tive date of this Article; 

(6) Dwelling units subject to a legally bind- 
ing lease which sets forth the rental unit rent, 
provided that said lease was entered into prior to 
the effective date of this ordinance. 

(f) Tenant. A tenant, subtenant, lessee, 
sublessee or any other person entitled to the use 
or occupancy of any rental unit. (Added by Ord. 
181-79, App. 4/24/79) 



SEC. 109.3. RENTAL INCREASE 
MORATORIUM AND ROLLBACK 
PROVISIONS. 

(a) Beginning on the effective date of this 
article and continuing through June 14, 1979, or 
until such time as the Board of Supervisors 
establishes a procedure for the adjustment and/or 
regulation of rents, whichever occurs first, rental 
units rents shall not be increased. 



(b) During the moratorium period, the mini- 
mum rent for a rental unit in the City and 
County of San Francisco shall be the following: 

(1) For a rental unit which was rented as of 
April 15, 1979, and continued to be rented there- 
after to one or more of the same persons: 

The rent shall not exceed that in effect on 
April 15, 1979. The level of housing services 
provided to the rental unit on that date shall not 
be reduced during the moratorium period. 

(2) For a rental unit which was not rented 
as of April 15, 1979, but which was rented on or 
after April 16, 1979: 

The rent shall not exceed that received for 
said rental unit when last occupied. The level of 
housing services provided to the rental unit or 
the re-rental date shall not be reduced during 
the moratorium period. 

(3) For a rental unit vacated on or after 
April 16, 1979, and prior to the end of the 
moratorium period: 

The rent shall not exceed that received for 
said rental unit when last occupied. The level of 
housing services provided to the rental unit 
when last occupied shall not be reduced during 
the moratorium period. 

(c) Any increase above the maximum rent 
for a rental unit collected for the period of April 
16, 1979 through June 14, 1979 shall be re- 
funded by the landlord to the tenant(s). Said 
refund shall be made within 10 days of the 
effective date of this ordinance. (Added by Ord. 
181-79, App. 4/24/79) 

SEC. 109.4. VIOLATION OF 
ORDINANCE. 

It shall be unlawful for any landlord to de- 
mand, accept, receive or retain any payment of 
rent in excess of the maximum lawful rents set 
forth in this Article. Any person violating any of 
the provisions, or failing to comply with any of 
the requirements, of this Article shall be guilty of 
a misdemeanor. Any person convicted of a mis- 
demeanor under the provisions of this Article 
shall be punishable by a fine of not more than 
$500 or by imprisonment in the County Jail for a 
period of not more than six months, or by both. 



73 Temporary Moratorium on Rental Increases Sec. 109.7. 

Rent Rollback Based Upon April 15, 1979, Rental 
Rates and Refunding Any Rent Increases 

Each violation of any provision of this article, 
and each day during which any such violation is 
committed, permitted or continued, shall consti- 
tute a separate offense. (Added by Ord. 181-79, 
App. 4/24/79) 

SEC. 109.5. REFUSAL OF A TENANT TO 
PAY A RENT INCREASE. 

A tenant may refuse to pay any increase in 
rent which is in violation of this Article and such 
violation shall be a defense in any action brought 
to recover possession of a rental unit or to collect 
the illegally charged rent increase. (Added by 
Ord. 181-79, App. 4/24/79) 

SEC. 109.6. SEVERABILITY. 

If any provision or clause of this Article or the 
application thereof to any person or circum- 
stance is held to be unconstitutional or to be 
otherwise invalid by any court of competent 
jurisdiction, such invalidity shall not affect other 
article provisions or clauses or applications, and 
to this end the provisions and clauses of this 
Article are declared to be severable. (Added by 
Ord. 181-79, App. 4/24/79) 

SEC. 109.7. EXTENSION. 

The provisions of this ordinance are extended 
through June 30, 1979, or until such time as the 
Board of Supervisors establishes a procedure for 
the adjustment and/or regulation of rents, which- 
ever occurs first. (Added by Ord. 248-79, App. 
6/5/79) 



Sec. 109.7. San Francisco - Police Code 74 



[The next page is 79] 



ARTICLE 1.4: [RESERVED] 



79 



San Francisco - Police Code 80 



[The next page is 89] 



ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS 



Sec. 109.20. Definitions. 

Sec. 109.21. Display of Life and Property 

Conservation Decals. 
Sec. 109.22. Costs of Removal. 

SEC. 109.20. DEFINITIONS. 

(a) The term "life and property conserva- 
tion decals" as used in this Article shall include, 
but not be limited to, any and all decals, signs, 
stickers and other devices designed to be dis- 
played as notice to the public generally or spe- 
cifically to police, fire, public health and other 
emergency services by persons occupying resi- 
dential rental or leased property. 

(b) The word "landlord" shall mean the per- 
son(s) owning, in whole or in part, residential 
property within the City and County which is 
held out for rental or lease, and it shall include 
any and all agents, brokers, managers, employ- 
ees and other representatives of such person(s). 

(c) The word "person" shall include, but not 
be limited to, a natural person, partnership, firm 
or corporation or any other kind of business or 
legal entity. 

(d) The word "tenant" shall include any and 
all persons lawfully occupying residential prop- 
erty pursuant to a lease or other rental agree- 
ment, whether written or oral. (Added by Ord. 
464-83, App. 9/16/83) 

SEC. 109.21. DISPLAY OF LIFE AND 
PROPERTY CONSERVATION DECALS. 

A person is authorized by the provisions of 
this Article to display life and property conser- 
vation decals on windows, doors and other ap- 
propriate parts of residential property in which 
he or she is a tenant, and it shall be a prohibited 
practice for any landlord to order or effect the 
removal of such decals prior to the termination of 
the tenancy. (Added by Ord. 464-83, App. 9/16/ 
83) 



SEC. 109.22. Costs of removal. 

In the event that a landlord incurs expenses 
in order to remove a life and property conserva- 
tion decal from residential property after the 
termination of a tenancy, it shall be considered a 
repair expense chargeable against the security 
deposit as set forth in California Civil Code 
Section 1950.5(b) and (e). (Added by Ord. 464-83, 
App. 9/16/83) 



89 



Sec. 109.22. San Francisco - Police Code 90 



[The next page is 95] 



ARTICLE 2: DISORDERLY CONDUCT 



Sec. 110. Ball Playing on Public Street 

Prohibited. 
Sec. 120-2. Aggressive Solicitation 

Ban/Substance Abuse and 

Mental Health Diversion 

Program. 
Sec. 122. Aggressive Pursuit Prohibited. 

Sec. 123. Penalty. 

Sec. 124. Findings. 

Sec. 124.1. Definitions. 
Sec. 124.2. Loitering Prohibited. 
Sec. 124.3. Use of Toilet by More Than One 

Person Prohibited. 
Sec. 124.4. Warning Required Prior to 

Enforcement. 
Sec. 124.5. Penalties. 
Sec. 124.6. Severability. 
Sec. 125. Bribery of Police Officers 

Prohibited. 
Sec. 130. Defacement, Etc., of Property in 

Civic Center Prohibited. 
Sec. 131. Penalty. 

Sec. 132. Intoxicating Liquors Prohibited 

Upon Premises of San Francisco 

General Hospital. 
Sec. 133. Penalty. 

Sec. 136. Flags, Bunting, Etc., Injury to, 

Prohibited. 
Sec. 148. Definition of Stadium. 

Sec. 149. Excluding Intoxicated or 

Disorderly Patrons. 
Sec. 153. Urination and Defecation. 

Sec. 157. Crowds to Disperse on Order of 

Police Officer. 

Sec. 163. Penalty. 

Sec. 220. Visiting House of 111 Fame for 

Unlawful Purpose Prohibited. 

Sec. 221. Knowingly Becoming Inmate of 

or Contributing to Support of 
House of 111 Fame Prohibited. 



Sec. 


225 


Sec. 


226 


Sec. 


236 


Sec. 


240 


Sec. 


249 


Sec. 


250 



Sec. 251. 

Sec. 252. 

Sec. 253. 

Sec. 254. 

Sec. 255. 

Sec. 256. 

Sec. 257. 

Sec. 258. 

Sec. 259. 

Sec. 259.1. 

Sec. 259.2. 

Sec. 259.3. 



Soliciting Prostitution 

Prohibited. 

Penalty. 

Use of Buildings for Prostitution 

Prohibited. 

Unlawful to Offer or Agree to 

Commit Prostitution, Etc. 

Persons Convicted of Certain 

Crimes Required to Register in 

the Office of The Chief of Police. 

Driving any Motor Vehicle by 

Persons Convicted of Certain 

Crimes Prohibited Without First 

Registering Such Vehicle in the 

Office of Chief of Police. 

Chief of Police to Photograph 

and Fingerprint Registrant. 

Registration Required Within 

Forty-Eight Hours. 

Notice of Change of Residence 

Required Within Twenty-Four 

Hours. 

False Statements Prohibited. 

Penalty for Refusal or Neglect 

to Comply. 

Conviction Defined. 

A Conviction Set Aside Not 

Deemed a Conviction. 

Penalty. 

State Laws. 

Registration Files Confidential. 

Exemption. 

Notice to Potential Victims of 

Stalker. 



SEC. 110. BALL PLAYING ON PUBLIC 
STREET PROHIBITED. 

It shall be unlawful for any person to play at 
or participate in any game of ball on any public 
street or highway. (Added by Ord. 1.075, App. 
10/11/38) 



95 



Sec. 110. 



San Francisco - Police Code 



96 



Sec. 115. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 120. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Proposition M, 11/4/2003) 

Sec. 120-1. 

(Added by Proposition J, 11/3/92; repealed by 

Proposition M, 11/4/2003) 

SEC. 120-2. AGGRESSIVE 
SOLICITATION BAN/ SUBSTANCE ABUSE 
AND MENTAL HEALTH DIVERSION 
PROGRAM. 

(a) Findings. The people of San Francisco 
find that the problems of aggressive and im- 
proper solicitation are among the most difficult 
and vexing faced by the City and that prior 
approaches mostly have failed. 

The people of San Francisco find that aggres- 
sive solicitation for money in public and private 
places threatens residents' and visitors' safety, 
privacy and quality of life. San Franciscans seek 
policies that preserve citizens' right to enjoy 
public spaces free from fear and harassment 
while protecting the free speech rights of indi- 
viduals and groups, permitting appropriate and 
safe commercial activities of street artisans, per- 
formers and merchants and providing for the 
basic needs of indigent and vulnerable popula- 
tions. Where appropriate, San Franciscans also 
seek to establish policies and programs that 
limit the ability of indigent and homeless sub- 
stance abusers to use cash contributions for the 
purchase of alcohol and illegal drugs. 

The people of San Francisco find that the 
City's existing laws regulating panhandling and 
solicitation are outdated and unenforceable as a 
result of numerous court decisions and criminal- 
ize violators instead of diverting them to screen- 
ing and assessment for eligibility in drug and 
alcohol dependency and mental health treat- 
ment programs. 

The people of San Francisco find that people 
who aggressively or improperly solicit because of 
drug or alcohol dependency or mental illness 



should be diverted from the criminal court sys- 
tem to a program of screening, assessment and 
referral operated by the San Francisco Depart- 
ment of Public Health. 

(b) Goals. This section: (1) replaces prior 
bans on panhandling, restrictions on aggressive 
solicitation, and solicitation near automatic teller 
machines (ATMs) rendered unenforceable by court 
rulings with a new aggressive solicitation prohi- 
bition; (2) establishes new specific prohibitions 
on solicitation near ATM machines, near residen- 
tial property, in parking lots, on median strips 
and near freeway offramps and on the Municipal 
Railway and the BART system; (3) establishes a 
requirement that, as appropriate, violators of 
this ordinance be diverted from the criminal 
justice system to a screening and assessment 
program to identify candidates for alcohol and 
drug dependency treatment and mental health 
services administered by the Department of Pub- 
lic Health in order to clear their citations. 

(c) Definitions. For purposes of this sec- 
tion: 

1. "Aggressive manner" shall mean: 

A. Approaching or speaking to a person, or 
following a person before, during or after solicit- 
ing if that conduct is intended or is likely to 
cause a reasonable person to fear bodily harm to 
oneself or to another, or damage to or loss of 
property or otherwise be intimidated into giving 
money or other thing of value; 

B. Continuing to solicit from a person after 
the person has given a negative response to such 
soliciting; 

C. Intentionally touching or causing physi- 
cal contact with another person without that 
person's consent in the course of soliciting; 

D. Intentionally blocking or interfering with 
the safe or free passage of a pedestrian or vehicle 
by any means, including unreasonably causing a 
pedestrian or vehicle operator to take evasive 
action to avoid physical contact; 

E. Using violent or threatening gestures 
toward a person solicited; or, 

F. Following the person being solicited, with 
the intent of asking that person for money or 
other things of value. 



97 



Disorderly Conduct 



Sec. 120-2. 



2. "Soliciting" shall mean asking for money 
or objects of value, with the intention that the 
money or object be transferred at that time, and 
at that place. Soliciting shall include using the 
spoken, written, or printed word, bodily ges- 
tures, signs, or other means with the purpose of 
obtaining an immediate donation of money or 
other thing of value or soliciting the sale of goods 
or services. 

3. "Public place" shall mean a place where a 
governmental entity has title, to which the pub- 
lic or a substantial group of persons has access, 
including but not limited to any street, highway, 
parking lot, plaza, transportation facility, school, 
place of amusement, park, or playground. 

4. "Check cashing business" shall mean any 
person duly licensed by the Attorney General to 
engage in the business of cashing checks, drafts 
or money orders for consideration pursuant to 
Section 1789.31 of the California Civil Code. 

5. "Automated teller machine" shall mean a 
device, linked to a financial institution's account 
records, which is able to carry out transactions, 
including, but not limited to: account transfers, 
deposits, cash withdrawals, balance inquiries, 
and mortgage and loan payments. 

6. "Automated teller machine facility" shall 
mean the area comprised of one or more auto- 
matic teller machines, and any adjacent space 
that is made available to banking customers 
after regular banking hours. 

(d) Prohibited acts. 

1. No person shall solicit in an aggressive 
manner in any public place. 

2. No person shall solicit within twenty feet 
of any entrance or exit of any check cashing 
business or within twenty feet of any automated 
teller machine without the consent of the owner 
of the property or another person legally in 
possession of such facilities. Provided, however, 
that when an automated teller machine is lo- 
cated within an automated teller machine facil- 
ity, such distance shall be measured from the 
entrance or exit of the facility. 

3. No person shall solicit an operator or 
other occupant of a motor vehicle while such 
vehicle is located on any street or highway on- 



ramp or off-ramp, for the purpose of performing 
or offering to perform a service in connection 
with such vehicle or otherwise soliciting dona- 
tions or the sale of goods or services. Provided, 
however, that this paragraph shall not apply to 
services rendered in connection with emergency 
repairs requested by the operator or passenger of 
such vehicle. 

4. No person shall solicit in any public trans- 
portation vehicle, or in any public or private 
parking lot or structure. 

5. Before any law enforcement officer may 
cite or arrest a person under this ordinance, the 
officer must warn the person that his or her 
conduct is in violation of this ordinance and must 
give the person an opportunity to comply with 
the provisions of this ordinance. 

(e) Penalties. Any person violating any pro- 
vision of this section shall be guilty of a misde- 
meanor or an infraction. The complaint charging 
such violation shall specify whether the violation 
is a misdemeanor or infraction, which decision 
shall be that of the District Attorney. If charged 
as an infraction, upon conviction, the violator 
shall be punished by a fine not to exceed $50, or 
by attending a screening, assessment and diver- 
sion program designed and administered by the 
Department of Public Health and approved by 
the San Francisco Public Health Commission to 
identify candidates for drug and alcohol depen- 
dency counseling and treatment and mental health 
services. If charged as a misdemeanor, upon 
conviction, the violator shall be punished by a 
fine of not less than $50 or more than $100, 
and/or by attending a screening, assessment and 
diversion program designed and administered by 
the Department of Public Health and approved 
by the San Francisco Public Health Commission 
to identify candidates for drug and alcohol de- 
pendency counseling and treatment and mental 
health services. Any person guilty of violating 
this ordinance three or more times in a twelve 
month period shall be guilty of a misdemeanor 
and shall be fined not less than $300 or more 
than $500, and/or referred to a screening, assess- 
ment and diversion program designed and ad- 
ministered by the Department of Public Health 



Sec. 120-2. 



San Francisco - Police Code 



98 



and approved by the San Francisco Public Health 
Commission to identify candidates for drug and 
alcohol dependency counseling and treatment 
and mental health services, and/or referred to a 
community service assignment, or imprisoned in 
the county jail for a period no longer than three 
months. 

(f) Diversion Program. The Director of 
Public Health shall establish, administer and/or 
certify the assessment and screening programs 
set forth in subsection (e) of this section and 
shall establish guidelines for determining whether 
and under what circumstances violators may be 
eligible to participate in diversion programs. In 
addition, the Department of Public Health shall 
establish, administer and/or certify diversion pro- 
grams appropriate for treatment of violators, 
and shall establish guidelines for determining 
whether the conditions of diversion have been 
satisfied. All rules and guidelines governing the 
diversion program shall be established by the 
Director of Public Health subject to the approval 
of the San Francisco Health Commission not 
later than six months after the Board of Super- 
visors has declared the results of the election at 
which this measure is passed. Individuals who 
are referred for treatment but fail to participate 
in such treatment shall be subject to the other 
penalties set forth in subsection (e) of this sec- 
tion. 

(g) Effective Date. This law shall become 
effective six months after the Board of Supervi- 
sors has declared the results of the election at 
which this measure is passed. 

(h) Severability. If any section, sentence, 
clause, or phrase of this law is held invalid or 
unconstitutional by any court of competent juris- 
diction, it shall in no way affect the validity of 
any remaining portions of this law. (Added by 
Proposition M, 11/4/2003) 

Sec. 121. 

(Added by Proposition J, 6/7/94; repealed by 

Proposition M, 11/4/2003) 

SEC. 122. AGGRESSIVE PURSUIT 
PROHIBITED. 

(a) It shall be unlawful for any person to 
engage in aggressive pursuit of another. 



(b) For purposes of this Section, "aggressive 
pursuit" shall mean the wilful, malicious or 
repeated following or harassment of another 
person, including, but not limited to, wilful or 
malicious communications by telephone, modem, 
facsimile or mail with the intent to cause annoy- 
ance, intimidation or fear on the part of the 
person being pursued. (Added by Ord. 90-94, 
App. 2/25/94) 

SEC. 123. PENALTY. 

Any person violating Section 122 of this Ar- 
ticle shall be guilty of aggressive pursuit, and 
upon conviction thereof, shall be subject to a fine 
of not more than $500, or by imprisonment in the 
County Jail for a term not to exceed six months, 
or by both such fine and imprisonment. (Added 
by Ord. 90-94, App. 2/25/94) 

SEC. 124. FINDINGS. 

The People of the City and County of San 
Francisco find that persons who loiter or linger 
at or near automatic public toilets imperil the 
public's safety and welfare. Some of the auto- 
matic public toilets are being used as a place of 
narcotics sales and use, and for disposal of hypo- 
dermic needles. In addition, the People find that 
persons making legitimate use of automatic pub- 
lic toilets have become intimidated and fearful 
for their safety because of the presence of per- 
sons loitering in or near the toilets and leaving 
drug paraphernalia in and around the toilets, 
preventing persons with legitimate need for the 
toilets from using the toilets. Limiting the num- 
ber of persons who may use an automatic public 
toilet at any one time and prohibiting loitering or 
lingering at or near such toilets may decrease 
the incidence of these crimes by providing law 
enforcement officers with an additional crime 
fighting tool that does not infringe on any person's 
basic rights. 

No state law addresses this type of behavior 
or protects the public from these problems. (Added 
by Ord. 215, File No. 011410, App. 11/2/2001) 

SEC. 124.1. DEFINITIONS. 

(1) For the purpose of this ordinance, a 
person loiters or lingers at or near an automatic 
public toilet when the person remains within 10 
feet of such a toilet for a period of over two 
minutes without lawful business. 



99 



Disorderly Conduct 



Sec. 124.6. 



(2) For the purpose of this ordinance, an 
automatic public toilet is a single-user toilet 
located on a public sidewalk or other public 
property. Automatic public toilets include what 
are commonly referred to as Decaux toilets. 
(Added by Ord. 215, File No. 011410, App. 11/2/ 
2001) 

SEC. 124.2. LOITERING PROHIBITED. 

It shall be unlawful for any person to loiter or 
linger at or near any automatic public toilet in 
the City and County of San Francisco. This 
section is not intended to prohibit any person 
from engaging in any lawful business that must 
be conducted within ten feet of an automatic 
public toilet, such as (1) using an automatic 
public toilet; (2) waiting in line to use an auto- 
matic public toilet; (3) accompanying or assisting 
another person who is using an automatic public 
toilet; or (4) activities such as waiting for a bus at 
a bus stop or waiting in line to enter a theater or 
other business where the bus stop or line is 
within 10 feet of an automatic public toilet. 
Lawful business does not include any activity 
that can be conducted more than 10 feet from a 
public toilet. (Added by Ord. 215, File No. 011410, 
App. 11/2/2001) 

SEC. 124.3. USE OF TOILET BY MORE 
THAN ONE PERSON PROHIBITED. 

It shall be unlawful for more than one person 
over the age of thirteen (13) years old to enter or 
remain in an automatic public toilet at one time, 
unless the person using the automatic public 
toilet has a disability that causes the person to 
require assistance, in which case the person's 
assistants may enter and remain in an auto- 
matic public toilet with the disabled person. The 
Department of Public Works shall post signs on 
all automatic public toilets notifying users of the 
restrictions set forth in this section. (Added by 
Ord. 215, File No. 011410, App. 11/2/2001) 

SEC. 124.4. WARNING REQUIRED 
PRIOR TO ENFORCEMENT. 

Before any law enforcement officer may cite 
or arrest a person under Sections 124.2 of this 
ordinance, the officer must warn the person that 



his or her conduct is in violation of this ordinance 
and must give the person an opportunity to 
comply with the provisions of this ordinance. 
(Added by Ord. 215, File No. 011410, App. 11/2/ 
2001) 

SEC. 124.5. PENALTIES. 

(1) First Conviction. Any person violating 
any provision of this ordinance shall be guilty of 
an infraction. Upon conviction, the violator shall 
be punished by a fine of not less than $50 or more 
than $100, and/or community service, for each 
provision violated. 

(2) Subsequent Convictions. In any accu- 
satory pleading charging a violation of Section 
124.2 or 124.3, if the defendant has been previ- 
ously convicted of a violation of such Sections, 
each such previous violation and conviction shall 
be charged in the accusatory pleading. Any per- 
son violating any provision of such Sections a 
second time within a 30-day period shall be 
guilty of an infraction and shall be punished by a 
fine of not less than $300 or more than $500, 
and/or community service, for each provision 
violated. Any person violating any provision of 
such Sections a third time, and each subsequent 
time, within a 30-day period shall be guilty of an 
infraction and shall be punished by a fine of not 
less than $400 and not more than $500, and/or 
community service, for each provision violated. 
(Added by Ord. 215, File No. 011410, App. 11/2/ 
2001) 

SEC. 124.6. SEVERABILITY. 

If any subsection, sentence, clause, phrase, or 
word of this ordinance be for any reason declared 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or the effectiveness of 
the remaining portions of this ordinance or any 
part thereof. The People hereby declare that they 
would have adopted this ordinance notwithstand- 
ing the unconstitutionality, invalidity or ineffec- 
tiveness of any one or more of its subsections, 
sentences, clauses, phrases, or words. (Added by 
Ord. 215, File No. 011410, App. 11/2/2001) 



Sec. 125. 



San Francisco - Police Code 



100 



SEC. 125. BRIBERY OF POLICE 
OFFICERS PROHIBITED. 

It shall be unlawful for any person to give" or 
offer or promise to give any police officer, or for 
any police officer to solicit or accept from any 
person any bribe or reward as a consideration for 
permitting the violation of any ordinance of this 
city and county, or as a consideration for not 
arresting any person who has violated any such 
ordinance. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 130. DEFACEMENT, ETC., OF 
PROPERTY IN CIVIC CENTER 
PROHIBITED. 

It shall be unlawful for any person to deface, 
mar, scratch, or in any way injure the walls, 
columns, balustrades, railings or ornaments of 
the City Hall, Auditorium, Library or other build- 
ing composing the Civic Center, or to deposit 
rubbish on, or deface or injure in any manner the 
grounds of the Civic Center, or to mutilate any of 
the trees or structures therein. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 131. PENALTY. 

Any person violating any of the provisions of 
Section 130 of this Article shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall 
be subject to a fine of not more than $50, or by 
imprisonment in the County Jail for a period of 
not more than 50 days, or by both such fine and 
imprisonment. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 132. INTOXICATING LIQUORS 
PROHIBITED UPON PREMISES OF SAN 
FRANCISCO GENERAL HOSPITAL. 

It shall be unlawful for any person to take, 
transport, possess or consume any malt, vinous 
or intoxicating liquors upon the premises of the 
San Francisco General Hospital without permis- 
sion of the Superintendent in charge or of the 
Director of Public Health. (Added by Ord. 563- 
58, App. 10/22/58) 

SEC. 133. PENALTY. 

Any person who shall violate any of the 
provisions of Section 132 of this Article shall be 



guilty of a misdemeanor, and, upon conviction 
thereof, shall be punished by a fine not to exceed 
$500, or by imprisonment in the County Jail for 
not more than six months, or by both such fine 
and imprisonment. (Added by Ord. 563-58, App. 
10/22/58) 

SEC. 136. FLAGS, BUNTING, ETC., 
INJURY TO, PROHIBITED. 

It shall be unlawful for any person to destroy, 
mutilate or otherwise injure or deface any flag, 
bunting, paraphernalia or other property of the 
City and County used for decorative purposes 
upon the streets or buildings within the City and 
County, or to remove the same without the 
permission of the department controlling such 
property. (Added by Ord. 1.075, App. 10/11/38) 

Sec. 141. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 142. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 



Sec. 147. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 148. DEFINITION OF STADIUM. 

For purposes of this article, a stadium is 
defined as a location enclosed by a building, 
structure, or fence designed to hold more than 
25,000 patrons and designed for the exhibition of 
an athletic event, whether on private or public 
property, except property under the control of the 
Recreation and Park Department. (Added by 
Ord. 54-00, File No. 000475, App. 3/31/2000) 

SEC. 149. EXCLUDING INTOXICATED 
OR DISORDERLY PATRONS. 

Members of the San Francisco Police Depart- 
ment are authorized to order persons to stay out 



101 



Disorderly Conduct 



Sec. 163. 



of, or to leave, any stadium when such officers 
have reasonable cause to conclude that the per- 
son so excluded: 

(a) Is using any drug, or any "controlled 
substance" as that term is defined and described 
in the California Health and Safety Code; 

(b) Is under the influence of intoxicating 
liquor, any drug, or any "controlled substance" as 
that term is defined and described in the Cali- 
fornia Health and Safety Code, or any combina- 
tion of any intoxicating liquor, drug, or controlled 
substance, and is in such a condition that he or 
she is unable to exercise care for his or her own 
safety or the safety of others or interferes with or 
obstructs or prevents the use of the stadium by 
other patrons; 

(c) Is doing any act injurious to the stadium's 
structure, signage or facility; 

(d) Throws any potentially dangerous ob- 
ject; 

(e) Possesses any firearm or other object 
used primarily as a weapon; 

(f) Climbs or jumps from any wall, fence or 
structure; 

(g) Gains admittance without paying; 

(h) Disobeys any rule or regulation govern- 
ing such stadium after being warned not to do so 
by a police officer or employee of the stadium 
owner or tenant, if the officer or employee has 
reasonable cause to conclude that such behavior 
damages or risks damage to property or injures 
or risks injury to any person or interferes with 
the use and enjoyment of such area or facility by 
other persons; or 

(i) Behaves in so noisy, boisterous or rowdy 
a manner as to disturb spectators or participants 
at any event at the stadium. (Added by Ord. 
54-00, File No. 000475, App. 3/31/2000) 



Sec. 152. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 



SEC. 153. URINATION AND 
DEFECATION. 

(a) It shall be unlawful for any person to 
deposit or cause to be deposited any human 
urine or feces upon any public or private high- 
way or road, including any portion of the right- 
of-way thereof, or in or upon any private prop- 
erty into or upon which the public is admitted by 
easement or license, or upon any private prop- 
erty without the consent of the owner, or in or 
upon any public property other than property 
designated or set aside for that purpose. 

(b) Penalty. Any person who shall violate 
the provisions of this Section shall be guilty of an 
infraction, the penalty for which shall be a fine 
which shall be not less than $50 nor more than 
$500. 

(c) The Department of Public Works shall 
work with other City Departments to post and 
update on the City's website a list of the loca- 
tions and hours of operation of all available 
City-operated restroom facilities. 

(d) Exemption. Persons who violate this 
ordinance due to verified medical conditions shall 
be exempt from the enforcement provisions of 
this ordinance. (Added by Ord. 160-02, File No. 
020293, App. 7/19/2002) 

SEC. 157. CROWDS TO DISPERSE ON 
ORDER OF POLICE OFFICER. 

Whenever the free passage of any street or 
sidewalk shall be obstructed by a crowd, except 
on occasion of public meeting, the persons com- 
posing such crowd shall disperse or move on 
when directed so to do by any police officer. 
(Added by Ord. 1.075, App. 10/11/38) 

Sec. 162. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 196-03, File No. 021948, App. 8/1/2003) 

SEC. 163. PENALTY. 

Any person violating any of the provisions of 
Section 162 of this Article shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall 
be subject to a fine of not less than $100 and not 
more than $500, or by imprisonment in the 



Sec. 163. 



San Francisco - Police Code 



102 



County Jail for a term of not more than six 
months, or by both such fine and imprisonment. 
(Added by Ord. 1.075, App. 10/11/38) 

Sec. 168. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 169. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 170. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 171. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 176. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 177. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 182. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 183. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 193. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 194. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 199. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 



Sec. 205. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 210. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 215. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 220. VISITING HOUSE OF ILL 
FAME FOR UNLAWFUL PURPOSE 
PROHIBITED. 

It shall be unlawful for any person to resort 
to or visit any disorderly house or house of ill 
fame for the purpose of engaging in or observing 
any lewd, indecent or obscene act or conduct. 
(Amended by Ord. 60-58, App. 2/5/58) 

SEC. 221. KNOWINGLY BECOMING 
INMATE OF OR CONTRIBUTING TO 
SUPPORT OF HOUSE OF ILL FAME 
PROHIBITED. 

It shall be unlawful for any person knowingly 
to become an inmate of, or contribute to the 
support of, any disorderly house or house of ill 
fame. (Added by Ord. 60-58, App. 2/5/58) 

SEC. 225. SOLICITING PROSTITUTION 
PROHIBITED. 

It shall be unlawful for any person on any 
public street or highway or elsewhere, to solicit, 
by word, act, gesture, knock, sign or otherwise, 
any person for the purpose of prostitution. (Added 
by Ord. 1.075, App. 10/11/38) 

SEC. 226. PENALTY. 

Any person violating the provisions of Sec- 
tion 225 of this Article shall be guilty of a 
misdemeanor, and upon conviction thereof, shall 
be punished by a fine not to exceed $100, or by 
imprisonment for not more than 50 days, or by 
both such fine and imprisonment. (Added by 
Ord. 1.075, App. 10/11/38) 



103 



Disorderly Conduct 



Sec. 249. 



Sec. 231. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 236. USE OF BUILDINGS FOR 
PROSTITUTION PROHIBITED. 

It shall be unlawful for any person, company 
or corporation owning or acting as agent for the 
owner of any building to suffer or permit said 
building or any portion thereof to be rented, 
leased, occupied or used for the purposes of 
prostitution. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 240. UNLAWFUL TO OFFER OR 
AGREE TO COMMIT PROSTITUTION, 
ETC. 

Every person is guilty of a misdemeanor who: 

(a) Offers or agrees to commit any lewd or 
indecent act or any act of prostitution; or 

(b) Offers to secure another for the purpose 
of committing any act of prostitution, fornica- 
tion, assignation or for any other lewd or inde- 
cent act with any other person; or 

(c) Is in or near any thoroughfare or public 
place for the purpose of inducing, enticing or 
procuring another to commit an act of lewdness, 
fornication or unlawful sexual intercourse; or 

(d) Knowingly transports any person to any 
place for the purpose of committing any lewd or 
indecent act or any act of prostitution; or 

(e) Knowingly receives, offers or agrees to 
receive any person into any place or building for 
the purpose of assignation or of performing any 
act of lewdness or fornication, or knowingly 
permits any person to remain there for any such 
purposes; or 

(f) Directs any person to any place for the 
purpose of committing any lewd or indecent act 
or any act of prostitution or fornication; or 

(g) In any way aids or abets or participates 
in the doing of any of the acts prohibited by 
subdivisions (a) to (f), inclusive, of this Section. 
(Added by Ord. 4428, Series of 1939, App. 5/12/ 
47) 



Sec. 241. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 242. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 243. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 244. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 245. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 246. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 247. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 248. 

(Added by Ord. 6094, Series of 1939, App. 6/23/ 

50; repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

SEC. 249. PERSONS CONVICTED OF 
CERTAIN CRIMES REQUIRED TO 
REGISTER IN THE OFFICE OF THE 
CHIEF OF POLICE. 

Every person who subsequent to July 1, 1944, 
has been or hereafter is convicted of a crime in 
the State of California under the provisions of 
one or more of the following Sections of the Penal 
Code of California, to-wit, Sections 265, 274, or 



Sec. 249. 



San Francisco - Police Code 



104 



Subdivision 2 of Section 261, or Subdivisions 3 or 
5 of Section 311, or who has, subsequent to July 
1, 1944, or is hereafter convicted of, in the State 
of California, or elsewhere, any attempt or con- 
spiracy to commit any offense described or re- 
ferred to in this Section; or who has been or who 
subsequently is convicted of any offense, at- 
tempts included, in any other place than the 
State of California subsequent to July 1, 1944, 
which offense if committed in the State of Cali- 
fornia would have been punishable under one or 
more of the above mentioned Sections and comes 
into the City and County of San Francisco from 
any point outside of such City and County, whether 
in transit through said City and County, or 
otherwise, shall report to the Chief of Police 
within 48 hours after his arrival within the 
boundaries of said City and County, and shall 
furnish to the Chief of Police in a written state- 
ment signed by such person, the true name of 
such person and each and every other name or 
alias by which such person is or has been known, 
a full and complete description of himself, the 
name of each crime hereinabove in this Section 
enumerated of which he shall have been con- 
victed, together with the name of the place where 
each such crime was committed, and the name 
under which he was convicted, and the date of 
the conviction thereof; the name, if any, and the 
location of each prison, reformatory or other 
penal institution in which he shall have been 
confined as punishment therefor, together with 
the location or address of his residence, stopping 
place or living quarters in this City and County; 
and each one thereof, if any, or the addresses or 
location of his intended residence, stopping place 
or living quarters therein and each one thereof, 
with the description of the character of each such 
place, whether a hotel, apartment house, dwell- 
ing house, or otherwise, giving the street number 
thereof, if any, or such description of the address 
or location thereof as will so identify the same as 
to make it possible of location, and the length of 
time for which he expects or intends to reside 
within the territorial boundaries of this City and 
County. (Added by Ord. 6164, Series of 1939, 
App. 7/31/50) 



SEC. 250. DRIVING ANY MOTOR 
VEHICLE BY PERSONS CONVICTED OF 
CERTAIN CRIMES PROHIBITED 
WITHOUT FIRST REGISTERING SUCH 
VEHICLE IN THE OFFICE OF CHIEF OF 
POLICE. 

At the time of furnishing the information 
required by Sections 249 to 259.2 of this Article, 
such person and every person required to regis- 
ter pursuant to Section 290 to the Penal Code, 
shall also furnish information on any or all 
motor vehicles owned or operated by him, to-wit: 
make, body type, year of manufacture, motor 
number, license number, color of vehicle and 
other distinguishing features. Such person also 
shall report to the Chief of Police any repair 
work, painting, or other alterations changing the 
general appearance of the motor vehicle made 
after it has been registered, within 48 hours 
after such alteration. Such a person shall not 
drive any motor vehicle on which the above 
information has not been filed with the Chief of 
Police. (Added by Ord. 6164, Series of 1939, App. 
7/31/50) 

SEC. 251. CHIEF OF POLICE TO 
PHOTOGRAPH AND FINGERPRINT 
REGISTRANT. 

At the time of furnishing the information 
required by Sections 249 to 259.2 of this Article, 
the said person shall be photographed and fin- 
gerprinted by the Chief of Police and the said 
photograph and fingerprints shall be made a 
part of the permanent record herein provided for. 
(Added by Ord. 6164, Series of 1939, App. 7/31/ 
50) 

SEC. 252. REGISTRATION REQUIRED 
WITHIN FORTY-EIGHT HOURS. 

Every person residing within this City and 
County at the time Sections 249 to 259.2 of this 
Article become effective, who has been convicted 
subsequently to July 1, 1944, of any crime re- 
ferred to in Sections 249 to 259.2 of this Article, 
shall, within 48 hours from and after the effec- 
tive date hereof, furnish to the Chief of Police in 
a written statement signed by such person, all 
the information which Sections 249 to 259.2 of 



105 



Disorderly Conduct 



Sec. 258. 



this Article require to be furnished, together 
with the photographs and fingerprints hereinbe- 
fore provided for. (Added by Ord. 6164, Series of 
1939, App. 7/31/50) 

SEC. 253. NOTICE OF CHANGE OF 
RESIDENCE REQUIRED WITHIN 
TWENTY-FOUR HOURS. 

In the event that any person required in 
Sections 249 to 259.2 of this Article to register 
shall change any such place of residence, stop- 
ping place, or living quarters to any new or 
different place or places within this City and 
County other than any place last shown in such 
report to the Chief of Police, he shall within 24 
hours after the making of such change, notify the 
Chief of Police in a written and signed statement 
of such change of address and shall furnish in 
such written statement to the Chief of Police his 
new address and each one thereof. (Added by 
Ord. 6164, Series of 1939, App. 7/31/50) 

SEC. 254. FALSE STATEMENTS 
PROHIBITED. 

A person required by any provision of Sec- 
tions 249 to 259.2, inclusive, of this Article to 
register shall not furnish in such report any false 
or fictitious address or any address other than a 
true address or intended address, and shall not 
furnish, in making any such report, any false, 
untrue, or misleading information or statement 
relating to any information required by any 
provisions of Sections 249 to 259.2, inclusive, of 
this Article, to be made or furnished. (Added by 
Ord. 6164, Series of 1939, App. 7/31/50) 

SEC. 255. PENALTY FOR REFUSAL OR 
NEGLECT TO COMPLY. 

Any person required to do so by any provision 
of Sections 249 to 259.2, inclusive, of this Article, 
who fails, neglects or refuses to make such report 
or to furnish such information, photograph, or 
fingerprints, or who fails, neglects, or refuses to 
render or furnish the same within the time 
hereinbefore prescribed, or who fails, neglects, or 
refuses to furnish to the Chief of Police within 
such time any information, photographs, and 
fingerprints required to be furnished by any 



provision of Sections 249 to 259.2, inclusive, of 
this Article, or who furnishes any false, untrue, 
or misleading information or statement relating 
to any information required by any provision of 
Sections 249 to 259.2, inclusive, of this Article, to 
be made or furnished, is guilty of a misdemeanor. 
(Added by Ord. 6164, Series of 1939, App. 7/31/ 
50) 

SEC. 256. CONVICTION DEFINED. 

If a conviction has been set aside by pardon 
or, pursuant to Section 1203.4 of the Penal Code 
of the State of California, or a similar law in any 
other state or jurisdiction, after the termination 
of probation, such conviction nevertheless shall 
be deemed a conviction included in Sections 249 
to 259.2, inclusive, of this Article. (Added by Ord. 
6164, Series of 1939, App. 7/31/50) 

SEC. 257. A CONVICTION SET ASIDE 
NOT DEEMED A CONVICTION. 

If a conviction has been set aside in any other 
manner, including reversal by an Appellate Court 
or the granting of a writ of certiorari, habeas 
corpus, or coram nobis, it shall not be deemed to 
be a conviction included in Sections 249 to 259.2, 
inclusive, of this Article. (Added by Ord. 6164, 
Series of 1939, App. 7/31/50) 

SEC. 258. PENALTY. 

Any person violating any provision of Sec- 
tions 249 to 259.2, inclusive, of this Article, is 
guilty of a misdemeanor and upon conviction 
thereof shall be punishable by a fine not to 
exceed $500, or by imprisonment in the County 
Jail for a period of not to exceed six months, or by 
both such fine and imprisonment. 

Each separate day, or any portion thereof, 
during which any violation of Sections 249 to 
259.2, inclusive, of this Article, occurs or contin- 
ues, and each failure, neglect or refusal to make 
any such report or to furnish any such informa- 
tion, photograph, or fingerprints during each or 
any day or portion thereof from and after the 
expiration of the time specified in Sections 249 to 
259.2, inclusive, of this Article, within which 
such report must be made, or such information, 
photograph, or fingerprints furnished, shall be 



Sec. 258. 



San Francisco - Police Code 



106 



deemed to constitute a separate violation thereof, 
and a separate offense thereunder, and upon 
conviction therefor each such violation shall be 
punishable as herein provided. (Added by Ord. 
6164, Series of 1939, App. 7/31/50) 

SEC. 259. STATE LAWS. 

Sections 249 to 259.2, inclusive, of this Ar- 
ticle, do not prohibit or require any act specifi- 
cally prohibited, required, or permitted by Sec- 
tion 290 of the Penal Code or by any other state 
statute or state law. (Added by Ord. 6164, Series 
of 1939, App. 7/31/50) 

SEC. 259.1. REGISTRATION FILES 
CONFIDENTIAL. 

The files maintained by the Chief of Police 
under Sections 249 to 259.2, inclusive, of this 
Article, shall be confidential; however, said records, 
photographs and fingerprints shall at all reason- 
able times be open to the inspection of any peace 
officer having jurisdiction within the territorial 
boundaries of said City and County. (Added by 
Ord. 6164, Series of 1939, App. 7/31/50) 

SEC. 259.2. EXEMPTION. 

If, because of the provisions of any state 
statute, or otherwise, any person, other than a 
peace officer, has, despite the provisions of Sec- 
tion 259.1 of this Article, the right to inspect any 
information, photograph, fingerprints, or other 
documents referred to in Sections 249 to 259.1 of 
this Article, then Sections 249 to 259.1, inclusive, 
of this Article, do not require the furnishing of 
such information, photograph, fingerprints, or 
other document. (Added by Ord. 6164, Series of 
1939, App. 7/31/50) 

SEC. 259.3. NOTICE TO POTENTIAL 
VICTIMS OF STALKER. 

(a) Whenever a person is to be released who 
has been arrested or detained for violating Penal 
Code Section 647.9 (stalking) or convicted of 
violating Penal Code Section 647.9, the custodial 
official making the release shall endeavor promptly 
to notify of the impending release any person 
who is a potential stalking victim of the indi- 
vidual to be released. Where feasible, the releas- 



ing authority shall give the notice required by 
this Section at least five calendar days prior to 
the release by certified mail and by telephone. 
For the purpose of this ordinance, a person is a 
potential stalking victim of an individual where 
the individual has been previously arrested, or 
detained for violating Penal Code Section 647.9 
or convicted for violating Penal Code Section 
647.9 in connection with that person. In addi- 
tion, a potential stalking victim shall include any 
person who has filed with the San Francisco 
Police Department a written complaint of stalk- 
ing activities by the individual to be released 
directed at the complainant. In addition, a po- 
tential stalking victim shall include any person 
who the Police Department has reason to be- 
lieve, based on evidence it has gathered or re- 
ceived, is a potential stalking victim of the indi- 
vidual to be released. 

(b) In undertaking the enforcement of this 
ordinance, the City and County of San Francisco 
is assuming an undertaking only to promote the 
general welfare. It is not assuming, nor is it 
imposing on its officers and employees, an obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. (Added by 
Ord. 364-93, App. 11/18/93) 



[The next page is 119] 



ARTICLE 3: GAMES OF CHANCE 



Sec. 260. Playing Poker in Public Places 

Prohibited. 
Sec. 277. Dice Throwing in Certain Cases 

Prohibited. 
Sec. 282. Gambling in Barricaded Rooms 

Prohibited. 
Sec. 283. Visiting Barricaded Gambling 

Rooms Prohibited. 
Sec. 288. Visiting Gambling House 

Prohibited. 
Sec. 293. Possession of Gambling 

Implements Prohibited. 
Sec. 294. Possession Defined. 

Sec. 325. Operation of Slot Machines 

Prohibited. 
Sec. 326. Operation Defined. 

Sec. 327. Penalty. 

Sec. 331. Visiting Pool Rooms Prohibited. 

Sec. 332. Betting, Pool Selling, Pool 

Buying on Horse Races 

Prohibited. 
Sec. 333. Bookmaking, Pool Buying, 

Wagers, Bets on Dog Races 

Prohibited. 
Sec. 334. Pool Selling, Bookmaking, 

Betting on Contests Between 

Men Prohibited. 

Sec. 335. Immunity From Prosecution. 

Sec. 340. Strap Game, Trick of The Loop, 

Prohibited. 
Sec. 341. Operation of Strap Game, Trick 

of The Loop, Prohibited. 

SEC. 260. PLAYING POKER IN PUBLIC 
PLACES PROHIBITED. 

It shall be unlawful for any person to play the 
game of poker, for money or other representative 
of value, in any barroom or public place, or for 
any person having the possession or charge or 
control of any barroom or public place to permit 
the game of poker to be played therein for money 



or other representative of value, unless licensed 
pursuant to Article 32A of the Police Code. 
(Amended by Ord. 437-82, App. 9/3/82) 

Sec. 265. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 266. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 270. 

(Added by Ord. 210, Series of 1939, App. 7/12/39; 

repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 271. 

(Added by Ord. 211, Series of 1939, App. 7/12/39; 

repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

Sec. 272. 

(Added by Ord. 211, Series of 1939, App. 7/12/39; 

repealed by Ord. 14-02, File No. 011845, App. 

2/8/2002) 

SEC. 277. DICE THROWING IN 
CERTAIN CASES PROHIBITED. 

No person shall draw numbers, figures, let- 
ters or cards in the nature of a game of chance, or 
throw or count dice or engage or take part in any 
way therein, or in any game of chance of any 
kind whatever for money, thing in action, prop- 
erty or valuables of any kind whatever in a 
public place, or place open to public view, or 
where the same may be seen by persons being or 
passing upon the street or in the presence or 
view of two or more persons, including those 
engaged therein; and no person shall permit or 
suffer the same upon his or her premises or 
place, or upon any premises or place under his or 
her control; provided, that cube or poker dice 
may be thrown for merchandise within a place of 



119 



Sec. 277. 



San Francisco - Police Code 



120 



business where such merchandise is ordinarily 
sold, by persons other than the proprietor of such 
business and the employees of such proprietor. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 282. GAMBLING IN BARRICADED 
ROOMS PROHIBITED. 

It shall be unlawful for any person within the 
limits of the City and County of San Francisco to 
exhibit or expose to view in any barred or barri- 
caded house or room, or in any place built or 
protected in a manner to make it difficult of 
access or ingress to police officers, when three or 
more persons are present, any cards, dice, domi- 
noes, fan-tan table or layout, or any part of such 
layout, or any gambling implements whatsoever. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 283. VISITING BARRICADED 
GAMBLING ROOMS PROHIBITED. 

It shall be unlawful for any person for the 
practice of gambling within the limits of the City 
and County of San Francisco to visit or resort to 
any such barred or barricaded house or room or 
other place built or protected in a manner to 
make it difficult of access or ingress to police 
officers, where any cards, dice, dominoes, fan-tan 
table or layout, or any part of such layout or any 
gambling implements whatsoever are exhibited 
or exposed to view when three or more persons 
are present. (Amended by Ord. 59-58, App. 2/5/ 
58) 

SEC. 288. VISITING GAMBLING HOUSE 
PROHIBITED. 

It shall be unlawful for any person to keep or 
maintain, or visit for the practice of gambling, or 
to contribute to the support of any house or place 
where gambling is carried on or conducted, or to 
knowingly let or underlet or transfer the posses- 
sion of, any house or premises for use by any 
person for said purpose. (Amended by Ord. 59- 
58, App. 2/5/58) 

SEC. 293. POSSESSION OF GAMBLING 
IMPLEMENTS PROHIBITED. 

It shall be unlawful for any person to have in 
his possession, unless it be shown that such 



possession is innocent or for a lawful purpose, 
any faro box, faro table, faro layout, faro cases, 
faro checks, or other implement or implements 
for playing any banking game. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 294. POSSESSION DEFINED. 

Any person found in any room or apartment 
where such gambling implement or implements 
are discovered shall, unless the contrary appear, 
be deemed to have possession of the same; pro- 
vided, that the possession of such implements by 
the manufacturer of the same shall be deemed 
innocent or for a lawful purpose. (Added by Ord. 
1.075, App. 10/11/38) 

Sec. 299. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 300. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 305. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 310. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 315. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 320. 

(Amended by Ord. 59-58, App. 2/5/58; repealed 

by Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 325. OPERATION OF SLOT 
MACHINES PROHIBITED. 

It shall be unlawful for any person, either as 
owner, lessee, agent, employee, mortgagee or 
otherwise to operate, keep, maintain, rent, use 
or conduct, within the City and County of San 
Francisco, any clock, tape, slot or card machine, 
or any other machine, contrivance or device upon 
which money is staked or hazarded upon chance 



121 



Gaines of Chance 



Sec. 334. 



or into which money is paid, deposited, or played, 
upon chance or upon result of the action of which 
money or any other article or thing of value is 
staked, bet, hazarded, won or lost upon chance. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 326. OPERATION DEFINED. 

It shall be unlawful for any person, either as 
owner, lessee, agent, employee, mortgagee or 
otherwise, to operate, keep, maintain, rent, use 
or conduct, within the City and County of San 
Francisco, any machine, contrivance, appliance 
or mechanical device upon the result of the 
action of which money or other valuable things 
are staked, or hazarded, and which is operated, 
or played by placing or depositing therein any 
coins, checks, slugs, balls or other articles or 
device, or in any other manner, and by means of 
the action thereof, or as a result of the operation 
of which, any merchandise, money, representa- 
tive or article of value, check or token, redeem- 
able in, or exchangeable for money, or any other 
thing of value is won or lost, or taken from or 
obtained from such machine when the result of 
the action or operation of such machine, contriv- 
ance, appliance, or mechanical device, is depen- 
dent upon hazard or chance. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 327. PENALTY. 

Any person who shall violate any of the 
provisions of Sections 325 and 326 of this Article 
shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall be punished by a fine of 
not less than $100, nor more than $500, or by 
imprisonment in the County Jail for not more 
than six months, or by both such fine and im- 
prisonment. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 331. VISITING POOL ROOMS 
PROHIBITED. 

It shall be unlawful for any person in the City 
and County of San Francisco to become an in- 
mate of or, for any unlawful purpose to visit any 
house, premises, room, apartment or place car- 
ried on, conducted, or used as a "Poolroom" or 
house, premises, room or apartment carried on, 



conducted or used as a place for, or for the 
purpose of making, buying or selling pools, or for 
making "books," or pools, or for making bets or 
wagers or for making out, issuing or delivering 
"pool tickets," cards, prints, papers or memo- 
randa showing or indicating, or purporting or 
understood to show or indicate the character or 
nature of a pool, or bet, or wager, or amount of 
money, or thing, or article staked, pledged or 
wagered, or for recording or registering "books," 
pools, bets or wagers or for the receipt, payment, 
distribution of money or other articles or things 
as representatives of value paid, offered, staked, 
pledged, bet, wagered, lost or won on a horse 
race, or on horse racing, on a contest or on 
contest of speed between horses, or on a dog race, 
or on dog racing, or on a contest or on contests of 
speed between dogs, or on a contest or on contest 
between men. (Amended by Ord. 59-58, App. 
2/5/58) 

SEC. 332. BETTING, POOL SELLING, 
POOL BUYING ON HORSE RACES 
PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to sell or buy pools or make books or 
make or receive as principal or agent or other- 
wise, any bet or wager whereby money or other 
representative of value is staked or pledged on a 
race or races understood to be run, or purporting 
to be run between horses. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 333. BOOKMAKING, POOL 
BUYING, WAGERS, BETS ON DOG RACES 
PROHIBITED. 

It shall be unlawful for any person or corpo- 
ration in the City and County of San Francisco to 
sell or buy or make books or make any bet or 
wager in any system of registering bets or wa- 
gers wherein money or any other representative 
of value is staked or pledged on races between 
dogs. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 334. POOL SELLING, 
BOOKMAKING, BETTING ON CONTESTS 
BETWEEN MEN PROHIBITED. 

It shall be unlawful for any person in the City 
and County of San Francisco to sell or buy pools 



Sec. 334. San Francisco - Police Code 122 

or make books, or make any bet or wager in any 
system of registering bets or wagers wherein 
money or any other representative of value, or 
other articles of value are staked or pledged on 
contests between men. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 335. IMMUNITY FROM 
PROSECUTION. 

No person, otherwise competent as a witness, 
is disqualified from testifying as such concerning 
the offenses defined in Sections 331 to 335, 
inclusive, of this Article, on the ground that such 
testimony may incriminate such witness under 
the provisions defined in said sections, but no 
prosecution can afterward be had against such 
witness for any offense defined in said sections, 
concerning which he testified. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 340. STRAP GAME, TRICK OF THE 
LOOP, PROHIBITED. 

It shall be unlawful for any person to advise 
or solicit or challenge another person to bet or 
wager anything of value on the game played by 
means of a strap and commonly known as the 
"strap game" or "trick of the loop," or to win or 
acquire any money or thing of value from any 
person by means of said game. Any instrument, 
of whatever texture, used to play said "strap 
game" or "trick of the loop," shall be deemed a 
strap for the purposes of Sections 340 and 341 of 
this Article. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 341. OPERATION OF STRAP 
GAME, TRICK OF THE LOOP, 
PROHIBITED. 

It shall be unlawful for any person to permit 
the "strap game" or "trick of the loop," to be 
played for anything of value in or on any pre- 
mises under his control. (Added by Ord. 1.075, 
App. 10/11/38) 



[The next page is 131] 



ARTICLE 4: PARADES 



Sec. 366. Definitions. 

Sec. 367. Permit Required; Procedure. 

Sec. 368. Indemnification Agreement. 

Sec. 369. Grounds for Denial of 

Application for Parade Permit. 
Sec. 370. Procedure Following Denial of 

Application. 
Sec. 371. Appeals. 

Sec. 372. Revocation by Police Chief. 

Sec. 373. Violation of Permit Conditions. 

Sec. 374. Unlawful to Sponsor or 

Participate in a Parade Without 

a Permit or to Interfere With 

Such Event. 
Sec. 375. Chief of Police to Establish 

Lines. 

Sec. 376. Chief of Police to Divert Parade 

Around Fire, Etc. 
Sec. 377. Interference With City Property 

Prohibited. 
Sec. 378. Penalties. 

Sec. 379. Severability. 

SEC. 366. DEFINITIONS. 

For the purpose of Sections 366 to 379 inclu- 
sive, the following definitions shall apply: 

(a) The term "approve," when used in con- 
nection with approval of an application for a 
parade permit by the Chief of Police, means that 
the Chief of Police has determined that none of 
the grounds for denying an application, as set 
forth in Section 369, exists, and that a permit is 
to be issued once the applicant complies with 
Section 367, pertaining to applications, and Sec- 
tion 368, pertaining to indemnification. 

(b) A "business district" is that area adja- 
cent to a public street in which: (1) 50 percent or 
more of the property fronting upon one side of 
the street, for a distance of 600 feet, is occupied 
by structures in use for commercial purposes; or, 
(2) 50 percent or more of the property fronting 



upon both sides of the street, considered together 
and for a distance of 300 feet, is occupied by 
structures in use for commercial purposes. A 
business district may be longer than the dis- 
tances specified in this section if the above ratio 
of buildings in use for commercial purposes to 
the length of the street exists. 

(c) "Chief of Police" includes the Special 
Events Unit or any representative designated by 
the Chief of Police. 

(d) To "issue" a permit is to deliver to an 
applicant for a parade permit written permission 
to sponsor or hold an event at a specified date 
and location. 

(e) A "parade" is an event, not including an 
athletic event, in which a group of persons pro- 
ceed as a collective body for more than one block 
on any street in the City and County of San 
Francisco, whether on foot or in any type of 
vehicle or on an animal or animals, which event 
obstructs or interferes with the normal flow of 
vehicular traffic. An "athletic event" is an event 
in which a group of people collectively engage in 
a sport or form of physical exercise on any street 
in the City and County of San Francisco, includ- 
ing but not limited to jogging, bicycling, race- 
walking, roller skating or running.The following 
processions are not included in the definitions of 
a "parade": (1) processions composed wholly of 
the military or naval forces of the United States 
or of the State of California; (2) processions 
incidental to a wedding or funeral; (3) proces- 
sions composed of one or more governmental 
officials or candidates accompanied by security 
personnel to which such officials or candidates 
are entitled by virtue of their office or candidacy. 
Any event taking place entirely on property 
under the jurisdiction of the Recreation and 
Park Commission shall be exempt from this 
ordinance. 

(f) "Person" shall include and mean any 
person, firm, association, corporation, club, orga- 
nization or ad hoc committee. (Added by Ord. 
254-84, App. 5/31/84; amended by Ord. 394-88, 
App. 8/26/88) 



131 



Sec. 367. 



San Francisco - Police Code 



132 



SEC. 367. PERMIT REQUIRED; 
PROCEDURE. 

(a) Any person desiring to sponsor a parade 
on any street of the City and County of San 
Francisco, excluding streets on property under 
the jurisdiction of the Recreation and Park Com- 
mission, shall first obtain a permit therefor from 
the Chief of Police. 

(b) Written application for such permit should 
be made to the Special Events Unit at least 60 
days in advance in order to insure timely appeal 
of a denial of the application. However, all appli- 
cations for permits shall be processed by the 
Chief of Police so long as they are received at 
least 15 working days in advance of the proposed 
date of the event; provided, however, that when 
the proposed event designates a route which 
passes through a business district, extends over 
an area which involves more than five intersec- 
tions (not including alleys), anticipates a number 
of participants exceeding 250, or requires the 
Municipal Railway to substantially alter passen- 
ger routes or schedules, the applicant shall apply 
at least 30 days in advance of the proposed date; 
provided, further, that the Chief of Police may 
grant a permit to an applicant who applies less 
than 15 working days in advance if the Chief of 
Police determines that the permit application 
requires no substantial investigation or prepara- 
tion of the route, which determination shall not 
be subject to administrative review. 

(c) The time limitations prescribed above 
for the filing of a permit application may be 
waived by the Chief of Police if the applicant can 
show that the event or events giving rise to the 
permit application did not reasonably allow the 
applicant time to file within the time prescribed 
and imposition of the time limitations would 
place an unreasonable restriction on the right of 
free speech. 

(d) Application shall be made on a form 
provided by the Chief of Police and shall include: 
the name, business and home address, and busi- 
ness and home phone number of the applicant 
(who shall be a natural person), of the sponsor of 
the event, and of the event organizer (that is, the 
person responsible for managing and organizing 



the details of the parade); the relationship of the 
applicant to the sponsor; proof of the applicant's 
authority to act on behalf of the sponsor; a 
description of the route of the event; the names 
of all streets to be used; the number of partici- 
pants anticipated; the starting time and ex- 
pected finishing time of the event; and any other 
information requested in order to enable the 
Chief of Police to verify the information required 
in this subsection. 

(e) Application for a permit shall be accom- 
panied by a nonrefundable permit application 
fee, in the amount set forth in Section 2.26 of the 
Police Code. 

(f) Applications submitted 60 days or more 
before the date of the proposed event shall be 
processed within 30 days. Applications submit- 
ted between 30 and 59 days before the date of the 
proposed event shall be processed within 20 
days. Applications submitted between 15 and 29 
days before the date of the proposed event shall 
be processed at least seven days before the date 
of the proposed event. 

(g) Applications submitted less than 15 days 
before the date of the proposed event shall be 
processed within a reasonable time, which time 
shall be given to the applicant at the time the 
applicant is informed that the time limitations 
set forth in this Section have been waived. 

(h) If an application is not processed within 
the time specified in Subsection (f), the applicant 
may obtain approval of a permit application by 
providing the Chief of Police with two copies of a 
letter addressed to the Chief of Police, which 
letter sets forth the details of the proposed event 
and the date of the application and the fact that 
the application has not yet been processed. The 
applicant shall deliver one copy of the letter and 
have the second copy file-stamped as proof of 
having complied with this Section. If the Chief of 
Police does not process the application within 48 
hours of delivery by the applicant of the letter 
described above, the application shall be deemed 
approved. 

(i) The Chief of Police shall issue a permit 
immediately upon approval of the permit appli- 
cation, and execution and receipt of the indem- 
nification agreement required by Section 368. 



133 



Parades 



Sec. 369. 



(j) The Chief of Police shall, as appropriate, 
transmit copies of any parade permit issued to 
the Chief of the Fire Department, the Depart- 
ment of Public Works, Emergency Hospital Ser- 
vice, Department of Public Health, and the Gen- 
eral Manager of the Municipal Railway. (Added 
by Ord. 254-84, App. 5/31/84) 

SEC. 368. INDEMNIFICATION 
AGREEMENT. 

The applicant or sponsor of a parade permit 
must sign an agreement to reimburse the City 
and County of San Francisco for any costs in- 
curred by it in repairing damage to City property 
which results from the actions of those sponsor- 
ing the event or authorized participants in the 
event, and to defend the City against and indem- 
nify and hold the City harmless from any liabil- 
ity to any person which results from the actions 
of those sponsoring the event or authorized par- 
ticipants in the event. Execution of this agree- 
ment must occur at least one calendar week 
before the date of the proposed event, unless the 
application is not approved by that time, in 
which case the Chief of Police shall designate a 
reasonable time within which it is to be provided. 
(Added by Ord. 254-84, App. 5/31/84) 

SEC. 369. GROUNDS FOR DENIAL OF 
APPLICATION FOR PARADE PERMIT. 

The Chief of Police shall approve an applica- 
tion for a parade permit unless he or she deter- 
mines, from a consideration of the application, or 
such information as the Chief of Police may 
otherwise obtain, or both, that: 

(a) The Chief of Police has reasonable cause 
to conclude that the applicant or any person or 
persons participating in the parade will, in con- 
nection with that activity, cause physical injury 
to persons or substantial damage to property; or 

(b) The conduct of the event will substan- 
tially interrupt the safe and orderly movement of 
other traffic contiguous to its route; or 

(c) The conduct of the event will require the 
diversion of so great a number of police officers to 
properly police the line of movement and the 



areas contiguous thereto as to prevent normal 
police protection to the rest of the City and 
County of San Francisco; or 

(d) The concentration of persons, animals 
and vehicles at the assembly areas of the event 
will unduly interfere with proper fire and police 
protection of, or ambulance service to, areas 
contiguous to such assembly areas; or 

(e) The conduct of the event will interfere 
with the movement of fire-fighting equipment en 
route to a fire; or 

(f) The conduct of the event will substan- 
tially obstruct or interfere with any construction 
or maintenance work scheduled to take place 
upon or along the public streets; or 

(g) Another permit application has been re- 
ceived, and has been or may be approved, to 
sponsor a parade at the same time and place 
requested by the applicant, or so close in time 
and place that undue confusion or congestion 
would result, or the Police Department would 
bear an unreasonable burden in meeting the 
request for services by more than one applicant; 
or 

(h) The parade will not move from its point 
of origin to its point of termination in four hours 
or less, or such other reasonable time limit as set 
by the Chief of Police in light of all relevant 
circumstances; or 

(i) The applicant fails to provide the infor- 
mation requested on the application form or to 
provide Police Department staff, when requested 
to do so, with further information in order to 
enable the Chief of Police to verify the informa- 
tion required on the application form; or 

(j) The applicant fails to provide proof of 
approval from other governmental departments 
or agencies when such approval is legally re- 
quired; or 

(k) The applicant fails or refuses to comply 
with any condition reasonably imposed on the 
granting of the permit in order to insure the 
safety of event participants, members of the 
Police Department or the public, or to insure the 
orderly flow of traffic, or to avoid the likelihood of 
harm to public or private property, which condi- 
tions may include a change in the route of the 



Sec. 369. 



San Francisco - Police Code 



134 



event; provided, however, that nothing in this 
Section shall be deemed to authorize the Chief of 
Police to impose conditions which unreasonably 
interfere with the right of free speech; or 

(1) Other circumstances exist which make it 
likely that the event would significantly inter- 
fere with ordinary activities in the City and 
County of San Francisco. (Added by Ord. 254-84, 
App. 5/31/84) 

SEC. 370. PROCEDURE FOLLOWING 
DENIAL OF APPLICATION. 

Upon the denial of any application for a 
parade permit, the Chief of Police shall inform 
the applicant of the reason or reasons for the 
denial in writing. (Added by Ord. 254-84, App. 
5/31/84) 

SEC. 371. APPEALS. 

The Board of Supervisors shall by motion 
designate an appropriate committee of the Board 
to act as a "Committee on Parades" for the 
purposes of Sections 366 to 379, inclusive, of this 
Article. 

The applicant may appeal the denial of an 
application for a parade permit, or the imposi- 
tion of conditions on the issuance of a permit, to 
the Committee on Parades, if such appeal can be 
timely made. The Committee shall consider such 
appeal and may either concur in the action of the 
Chief of Police or overrule such action and order 
that the permit be approved. If the Committee 
orders that a permit be approved, it shall have 
the authority to impose only such conditions as 
are recommended by the Chief of Police. (Added 
by Ord. 254-84, App. 5/31/84; amended by Ord. 
394-88, App. 8/26/88) 

SEC. 372. REVOCATION BY POLICE 
CHIEF. 

The Chief of Police may revoke a parade 
permit if an emergency arises which makes it 
impossible to assign the necessary personnel to 
the event and still provide the personnel re- 
quired elsewhere to protect the public, or if 
information is obtained after the permit is issued 
from which the Chief of Police reasonably con- 
cludes that the permit should not have been 



approved for reasons set forth in Section 369. 
(Added by Ord. 254-84, App. 5/31/84) 

SEC. 373. VIOLATION OF PERMIT 
CONDITIONS. 

If a parade deviates from the route approved 
by the Chief of Police or if participants violate 
any conditions contained in the permit, the po- 
lice officer whom the Chief of Police has desig- 
nated as the officer in charge of overseeing 
personnel necessary to police the event may, 
after warning the participants and providing 
them with an opportunity to return to the ap- 
proved route or to follow the permit conditions, 
revoke the permit. (Added by Ord. 254-84, App. 
5/31/84) 

SEC. 374. UNLAWFUL TO SPONSOR OR 
PARTICIPATE IN A PARADE WITHOUT A 
PERMIT OR TO INTERFERE WITH SUCH 
EVENT. 

It shall be unlawful for any person to sponsor 
a parade unless a permit has been issued for the 
event, or for any person to participate in such an 
event with the knowledge that the sponsors of 
the event have not been issued the required 
permit or with the knowledge that a permit has 
been issued and subsequently revoked. Nor shall 
any person interfere with or disrupt a lawful 
parade undertaken pursuant to a permit, or 
participate in such event unless designated as a 
participant by its sponsor. (Added by Ord. 254- 
84, App. 5/31/84) 

SEC. 375. CHIEF OF POLICE TO 
ESTABLISH LINES. 

(a) The Chief of Police is hereby empowered 
to establish lines, if he or she deems it necessary, 
on both sides of the street along the proposed 
route over which a parade is to pass, and no 
person or vehicle of any kind, excepting those 
described in Subsection (b), shall pass over or 
through said lines. Such lines may be estab- 
lished either by means of a physical barrier, such 
as a rope, or by designating a curb or some other 
line of demarcation as the line beyond which no 
person or vehicle is to pass. 



135 



Parades 



Sec. 379. 



(b) Notwithstanding the provisions of Sub- 
section (a), the following persons and vehicles 
are authorized to cross lines established along a 
parade route: 

(i) Any city, county, state or federal peace or 
fire prevention officer or vehicle responding to an 
emergency call; or 

(ii) Ambulances of public or private charac- 
ter, or any other vehicle when such vehicle is 
employed in carrying a sick or injured person to 
a hospital or other place for treatment or relief; 
or 

(iii) United States Postal Service vehicles; 
or 

(iv) Auxiliary fire apparatus or emergency 
vehicles when responding to a call to a fire, a 
burglar alarm, or other emergency call; or 

(v) Any other person or vehicle, including 
regularly scheduled mass transit vehicles, whose 
passage is deemed necessary or convenient by 
the Chief of Police or the police officer whom the 
Chief of Police has designated as the officer in 
charge of overseeing Police Department person- 
nel assigned to the event. (Added by Ord. 254-84, 
App. 5/31/84) 

SEC. 376. CHIEF OF POLICE TO 
DIVERT PARADE AROUND FIRE, ETC. 

In case of fire, accident or any emergency 
along the route of a parade, the Chief of Police or 
the police officer in charge of the detail on the 
streets along which the parade shall pass, is 
hereby given full power to divert the parade 
around such fire, accident or emergency, over 
and along the nearest cross street from such fire, 
accident or emergency and shall direct the re- 
turn of the parade to the route originally autho- 
rized. (Added by Ord. 254-84, App. 5/31/84) 

SEC. 377. INTERFERENCE WITH CITY 
PROPERTY PROHIBITED. 

It shall be unlawful for any person to remove, 
displace or interfere with any socket, pole, wire, 
ropes or other property of the City and County of 
San Francisco used in connection with the regu- 
lation of a parade. (Added by Ord. 254-84, App. 
5/31/84) 



SEC. 378. PENALTIES. 

Any person violating any provision of Sec- 
tions 366 through 379 of this Code shall be 
deemed guilty of an infraction and upon convic- 
tion thereof shall be punished by a fine not to 
exceed $500. (Added by Ord. 254-84, App. 5/31/ 
84) 

SEC. 379. SEVERABILITY. 

If any of the provisions of this Article, or the 
application of such provisions to any person or 
circumstances, shall be held invalid, the remain- 
der of this Article, or the application of such 
provisions to the persons or circumstances other 
than those to which it is held invalid, shall not be 
affected thereby. (Added by Ord. 254-84, App. 
5/31/84) 



Sec. 379. San Francisco ■ Police Code 136 



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ARTICLE 4.1: [RESERVED] 



143 



San Francisco - Police Code 144 



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ARTICLE 4.2: [RESERVED] 



153 



San Francisco - Police Code 154 



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ARTICLE 4.3: [RESERVED] 



163 



San Francisco - Police Code 164 



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ARTICLE 4.4: [RESERVED] 



173 



San Francisco - Police Code 174 



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ARTICLE 4.5: FUNERAL PROCESSION ESCORTS 



Sec. 


385. 


Purpose. 


Sec. 


386. 


Unlawful to Direct Traffic 
Without Authorization. 


Sec. 


387. 


Permit Required; Application; 
Term. 


Sec. 


388. 


Indemnification and Insurance 
Requirements. 


Sec. 


389. 


Grounds for Denial of Permit. 


Sec. 


390. 


Appeals. 


Sec. 


391. 


Authorized Traffic Direction 
Activities. 


Sec. 


392. 


Diversion in Case of Emergency. 


Sec. 


393. 


Traffic Safety Instruction 
Program. 


Sec. 


394. 


Official Insignia and Uniform; 
Advisory Guidelines. 


Sec. 


395. 


Penalties for Violation. 


Sec. 


396. 


Severability. 



SEC. 385. PURPOSE. 

This Article is enacted pursuant to California 
Vehicle Code Section 21100(e), which authorizes 
local entities to permit the appointment of per- 
sons other than traffic officers to direct traffic 
under prescribed circumstances which require 
such traffic direction in order to ensure the 
orderly flow of traffic. Nothing in this Article 
shall be construed to preclude the San Francisco 
Police Department from escorting funeral proces- 
sions. (Added by Ord. 376-84, App. 8/13/84) 

SEC. 386. UNLAWFUL TO DIRECT 
TRAFFIC WITHOUT AUTHORIZATION. 

It shall be unlawful for any person other than 
an officer of the Police Department, a member of 
the Fire Department, or a person authorized by 
the provisions of this Article or other applicable 
laws to direct or attempt to direct traffic by voice, 
hand or other signal, except for the operation of 
any manually operated traffic control signal de- 
vice erected by the Department of Public Works. 
(Added by Ord. 376-84, App. 8/13/84) 



SEC. 387. PERMIT REQUIRED; 
APPLICATION; TERM. 

(a) No person other than an officer of the 
Police Department, a member of the Fire Depart- 
ment or a person authorized by other applicable 
laws shall direct or attempt to direct traffic 
without first obtaining a permit therefor from 
the Chief of Police, pursuant to this Article. 

(b) Applications for funeral escort permits 
shall be made on a form provided by the Chief of 
Police, and shall include: (1) the name and busi- 
ness address of the applicant; (2) proof of indem- 
nification and insurance as required by Section 
388 of this Article; (3) proof of satisfactory comple- 
tion of a traffic safety program of instruction, as 
set forth in Section 393 of this Article; (4) proof 
that the applicant holds a valid California ve- 
hicle operator's license, properly endorsed for the 
type of vehicle the applicant intends to use while 
directing vehicular funeral processions; (5) pay- 
ment of the necessary application, permit insig- 
nia and uniform fees, as set forth in Sections 2.26 
and 2.27 of the Police Code; and (6) such other 
information as the Chief of Police may require. 

(c) Funeral escort licenses shall be issued 
by the Tax Collector and shall expire one year 
from the date of issuance unless the permit is 
revoked sooner. Permits shall be nontransfer- 
able. (Added by Ord. 376-84, App. 8/13/84) 

SEC. 388. INDEMNIFICATION AND 
INSURANCE REQUIREMENTS. 

(a) The permittee shall sign an agreement 
to reimburse the City and County of San Fran- 
cisco for any costs incurred by the City in repair- 
ing damage to City property which results from 
any of his or her actions under the permit, and to 
defend the City against and indemnify and hold 
the City harmless from any liability to any 
person which results from the actions of the 
permittee or his or her employees or agents. 
Execution of this agreement shall take place 
prior to issuance of a funeral escort permit. 



183 



Sec. 388. 



San Francisco - Police Code 



184 



(b) The permittee shall maintain through- 
out the term of any permit issued pursuant to 
this Article, insurance as follows: 

(1) Workers' Compensation, with Employ- 
ers' Liability limits not less than $1,000,000 each 
accident, but only if permittees have employees 
as defined by the California Labor Code; 

(2) Comprehensive General Liability Insur- 
ance with limits not less than $1,000,000 each 
occurrence Combined Single Limit Bodily Injury 
and Property Damage, including Contractual 
Liability, Personal Injury, Broadform Property 
Damage, products and Complete Operations Cov- 
erages; 

(3) Comprehensive Automobile Liability In- 
surance with limits not less than $1,000,000 
each occurrence Combined Single Limit Bodily 
Injury and Property Damage, including owned, 
nonowned and hired auto coverages, as appli- 
cable. 

Comprehensive General Liability and Com- 
prehensive Automobile Liability Insurance poli- 
cies shall be endorsed to provide the following: 

(1) Name as ADDITIONAL INSUREDS the 
City and County of San Francisco, its officers, 
agents, employees, and member of commissions. 

(2) That such policies are primary insur- 
ance to any other insurance available to the 
Additional Insureds, with respect to any claims 
arising out of activities conducted under the 
permit, and that insurance applies separately to 
each insured against whom claim is made or suit 
is brought. 

ALL POLICIES SHALL BE ENDORSED TO 
PROVIDE: 

Thirty days advance written notice to City of 
cancellation, nonrenewal or reduction in cover- 
age, mailed to the following address: CHIEF, OF 
POLICE, Hall of Justice, 850 Bryant Street, San 
Francisco, CA 94103. 

Certificates of insurance, satisfactory to City, 
evidencing all coverages above shall be furnished 
to the City prior to issuance and renewal of 
permit and before commencing any operations 
under this permit, with complete copies of poli- 
cies upon City request. (Added by Ord. 376-84, 
App. 8/13/84) 



SEC. 389. GROUNDS FOR DENIAL OF 
PERMIT. 

The Chief of Police shall approve an applica- 
tion for a funeral escort permit unless he or she 
determines, from a consideration of the applica- 
tion or such information as the Chief of Police 
may otherwise obtain, that: (a) the application is 
incomplete; or (b) the applicant has failed to 
comply with any of the other conditions set forth 
in this Article for issuance of a permit; or (c) the 
applicant has been convicted of a crime, and the 
time for appeal has elapsed, or an order granting 
probation has been made suspending the impo- 
sition of sentence (irrespective of the entry of a 
subsequent order under Penal Code Section 
1203.4); provided, however, that a permit may be 
denied upon this ground only if the crime is 
substantially related to the qualifications, func- 
tions or duties associated with escorting a ve- 
hicular funeral procession. 

Upon the denial of any application for a 
funeral escort permit, the Chief of Police shall 
promptly inform the applicant in writing of the 
reason(s) for the denial. (Added by Ord. 376-84, 
App. 8/13/84) 

SEC. 390. APPEALS. 

The applicant may appeal the denial of an 
application for a funeral escort permit, the im- 
position of conditions on the issuance of a permit 
or the revocation of a permit to the Transporta- 
tion and Traffic Committee of the Board of Su- 
pervisors by filing a notice of appeal in writing 
with the Clerk of the Board of Supervisors within 
five calendar days of the date of the notification 
of denial issued by the Chief of Police. The 
Transportation and Traffic Committee shall con- 
sider such appeal and may either concur in the 
action of the Chief of Police or overrule such 
action and order that the permit be approved or 
reinstated. If the Transportation and Traffic Com- 
mittee orders that a permit be approved or 
reinstated it shall have the authority only to 
impose such conditions as are recommended by 
the Chief of Police. The decision of the Transpor- 
tation and Traffic Committee shall be final. (Added 
by Ord. 376-84, App. 8/13/84) 



185 



Funeral Procession Escorts 



Sec. 396. 



SEC. 391. AUTHORIZED TRAFFIC 
DIRECTION ACTIVITIES. 

(a) Any person issued a valid funeral escort 
permit pursuant to this Article and leading or 
otherwise escorting a vehicular funeral proces- 
sion shall obey all traffic laws, including all 
speed laws, except that such person is autho- 
rized to stop cross-traffic, other than any emer- 
gency vehicles, to enable all vehicles in the 
funeral procession to proceed together as an 
unbroken column, at intersections controlled by: 
(1) stop signs; provided that the permittee re- 
mains in the intersection until all vehicles in the 
funeral procession have cleared the intersection; 
and (2) traffic signal lights; provided that the 
first vehicle in the funeral procession enters the 
intersection on a green light and the permittee 
remains in the intersection at all times when the 
light is not green. 

(b) A permittee is authorized to direct traf- 
fic in the manner specified in this Section only 
while wearing an official insignia issued by the 
Chief of Police and carrying a valid permit issued 
to him or her as an individual pursuant to this 
Article. 

(c) The Chief of Police may order the revo- 
cation of a funeral escort permit if the permittee 
has directed traffic in a manner contrary to that 
specified in this Section. (Added by Ord. 376-84, 
App. 8/13/84) 

SEC. 392. DIVERSION IN CASE OF 
EMERGENCY. 

In case of fire, accident, or any emergency 
along the route of a vehicular funeral procession, 
any officer of the Police Department or member 
of the Fire Department is hereby authorized to 
divert the funeral procession around such fire, 
accident or other emergency, the provisions of 
Section 391 of this Article notwithstanding. The 
permittee shall immediately cease all efforts to 
direct traffic when directed to do so by such 
police officer or firefighter and shall not resume 
efforts to direct traffic along the route of the 
vehicular funeral procession until authorized to 
do so by such police officer or firefighter. (Added 
by Ord. 376-84, App. 8/13/84) 



SEC. 393. TRAFFIC SAFETY 
INSTRUCTION PROGRAM. 

Each applicant shall submit to the Chief of 
Police evidence of the curriculum, including in- 
structional materials and skills taught and prac- 
ticed, of a previously approved instructional pro- 
gram of traffic safety and of the applicant's 
successful completion of such program. The Chief 
of Police shall review and approve such instruc- 
tional programs if he or she reasonably deter- 
mines that the program will provide sufficient 
training for persons seeking permits under this 
Article to direct traffic in a safe and lawful 
manner. (Added Ord. 376-83, App. 8/13/83) 

SEC. 394. OFFICIAL INSIGNIA AND 
UNIFORM; ADVISORY GUIDELINES. 

(a) The Chief of Police shall approve an 
official insignia and uniform, to be worn as he or 
she may specify, by all permittees while directing 
traffic pursuant to this Article. Said uniform 
shall be distinctive from those worn by the San 
Francisco Police Department and the California 
Highway Patrol. 

(b) The Chief of Police shall prepare written 
guidelines which shall be distributed to all ap- 
plicants for permits under this Article. Such 
guidelines shall be advisory in nature and shall 
recommend procedures to insure safe vehicular 
funeral processions. (Added by Ord. 376-84, App. 
8/13/84) 

SEC. 395. PENALTIES FOR VIOLATION. 

Any person violating the provisions of this 
Article shall be deemed guilty of an infraction, 
and upon conviction thereof shall be punished by 
a fine not to exceed $500. (Added by Ord. 376-84, 
App. 8/13/84) 

SEC. 396. SEVERABILITY. 

If any of the provisions of this Article or the 
application of such provisions to any person or 
circumstances shall be held invalid, the remain- 
der of this Article or the application of such 
provisions to the persons or circumstances other 
than those to which it is held invalid shall not be 
affected thereby. (Added by Ord, 376-84, App. 
8/13/84) 



Sec. 396. San Francisco - Police Code 186 



[The next page is 197] 



ARTICLE 5: OFFENSIVE POWDERS 



Sec. 405. Distributing "Ker Chew" 

Powders Prohibited. 
Sec. 406. Penalty. 

Sec. 411. Unlawful Possession of 

"Knockout Drops." 
Sec. 412. Mixing Prohibited. 

Sec. 413. Administering Drugs, Etc., 

Prohibited. 

SEC. 405. DISTRIBUTING "KER CHEW" 
POWDERS PROHIBITED. 

It shall be unlawful for any person to sell, 
give away or in any manner to distribute within 
the City and County of San Francisco any "ker 
chew powders," "stink balls," or similar sub- 
stances designed to give offense to the senses. 
(Added by Ord. 1.075, App. 10/11/38) 



SEC. 412. MIXING PROHIBITED. 

No person shall, with unlawful intent, put in, 
mix or compound with any beverage to be drunk 
by any other person, any liquid, drug or sub- 
stance mentioned in Section 411 of this Article. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 413. ADMINISTERING DRUGS, 
ETC., PROHIBITED. 

No person shall, with unlawful intent, give or 
administer to, or compel, or cause, or persuade, 
or induce any person to drink any beverage 
which contains any liquid, drug or substance 
mentioned in Section 411 of this Article. (Added 
by Ord. 1.075, App. 10/11/38) 



SEC. 406. PENALTY. 

Any person violating the provisions of Sec- 
tion 405 of this Article shall be guilty of a 
misdemeanor, and upon conviction thereof, shall 
be fined in a sum not less than $10 nor more 
than $50, or by imprisonment in the County Jail 
for a period not exceeding 30 days, or by both 
such fine and imprisonment. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 411. UNLAWFUL POSSESSION OF 
"KNOCKOUT DROPS." 

No person shall have in his possession, with 
intent to use for an unlawful purpose, any liquid, 
drug or substance called or known as "knockout 
drops," or any liquid, drug or substance of simi- 
lar properties or any chloral hydrate, or any 
solution, compound or mixture of chloral hy- 
drate, or any liquid, drug, or substance of similar 
properties, which when put in, mixed or com- 
pounded with any beverage and drunk, causes or 
tends to cause stupefaction or insensibility or 
coma in the person drinking it. (Added by Ord. 
1.075, App. 10/11/38) 



197 



Sec. 413. San Francisco - Police Code 198 



[The next page is 205] 



ARTICLE 6: FRAUD AND DECEIT 



Sec. 445. Defrauding Gas or Electric 

Company Prohibited. 
Sec. 446. Evidence of Guilt. 

Sec. 451. False Impersonation Prohibited. 

Sec. 452. Fraudulent Misrepresentations 

When Taking Civil Service 

Examinations Unlawful. 
Sec. 456. False Statements Relating to 

Merchandise or Services 

Prohibited — Penalty. 
Sec. 457. Retail Stores Posting Refund 

Policies; Penalties. 
Sec. 458. Retail Establishments Required 

to Issue Itemized Receipts for 

Goods Purchases; Penalties; 

Fines. 
Sec. 461. Defrauding Telephone Company 

Prohibited. 
Sec. 462. Evidence. 

SEC. 445. DEFRAUDING GAS OR 
ELECTRIC COMPANY PROHIBITED. 

Every person who, with intent to injure or 
defraud, shall, in the City and County of San 
Francisco, State of California, have in his pos- 
session a machine, appliance, contrivance or 
device of any character used or intended to be 
used to prevent a gas or electric meter from 
correctly registering the gas or electricity pass- 
ing through it, or to divert gas or electricity that 
should pass through it, is guilty of a misde- 
meanor. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 446. EVIDENCE OF GUILT. 

In all prosecutions for violation of Section 
445 of this Article, proof that any of the acts 
herein made unlawful was done upon the pre- 
mises used or occupied by defendant charged 
with any violation of Section 445 of this Article, 
and that he received or would have the benefit of 
any such gas or electricity without having to pay 



therefor, shall be prima facie evidence of the 
guilt of such defendant. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 451. FALSE IMPERSONATION 
PROHIBITED. 

It shall be unlawful for any person to falsely 
impersonate, or represent himself to be a police 
officer, deputy sheriff, deputy coroner, or mem- 
ber of the Fire Department; or to wear the badge 
of a police officer, deputy sheriff, deputy coroner, 
or of a member of the Fire Department or to use 
any signs, badges or devices used by the Police 
Department, Sheriffs or Coroner's offices, or by 
the Fire Department, unless he is authorized so 
to do, and is a member of either of said depart- 
ments or offices. 

SEC. 452. FRAUDULENT 
MISREPRESENTATIONS WHEN TAKING 
CIVIL SERVICE EXAMINATIONS 
UNLAWFUL. 

It shall be unlawful for any person to imper- 
sonate another person, or permit or aid in any 
manner any other person to impersonate him in 
connection with any civil service examination 
conducted by the San Francisco Civil Service 
Commission, or in connection with any applica- 
tion for employment in the San Francisco mu- 
nicipal service; or to wilfully and knowingly 
make any false, incomplete or incorrect state- 
ment of material fact in, or in connection with, 
any application to participate in a civil service 
examination for appointment in the San Fran- 
cisco municipal service and, upon conviction 
thereof, such person shall be punishable by a 
fine of not more than $500, or by imprisonment 
for a term not exceeding one year, or by both such 
fine and imprisonment. (Added by Ord. 5431, 
Series of 1939, App. 4/1/49) 

SEC. 456. FALSE STATEMENTS 
RELATING TO MERCHANDISE OR 
SERVICES PROHIBITED— PENALTY. 

Any person, firm or corporation, or any em- 
ployee thereof, who shall in any newspaper, 



205 



Sec. 456. 



San Francisco - Police Code 



206 



magazine, circular, form letter, or any open pub- 
lication, published, distributed or circulated in 
the City and County of San Francisco, or on any 
billboard, sign, card, label, or other advertising 
medium, or by means of any electric sign, win- 
dow sign, show case display, or by any advertis- 
ing device, or by public outcry or proclamation, to 
or with a considerable number of persons, make 
or disseminate, or cause to be made or dissemi- 
nated, any statement or assertion of fact in 
relation to, modifying, explaining, or in any 
matter concerning any merchandise offered for 
sale, barter or trade, or any services or offer of 
employment, professional or otherwise, offered 
to be furnished, which statement or assertion of 
fact takes the form of or has the appearance of, or 
which is intended to commend such merchandise 
or services or employment, to the public or to a 
considerable number of persons, and which state- 
ment or assertion is untrue in any respect or 
calculated to mislead or misinform, shall be 
deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall be punishable by a fine 
of not less than $25, nor more than $500 or by 
imprisonment for a term not exceeding 180 days, 
or by both such fine and imprisonment. (Added 
by Ord. 1.075, App. 10/11/38) 

SEC. 457. RETAIL STORES POSTING 
REFUND POLICIES; PENALTIES. 

Every retail store which does not refund 
cash, give credit, or allow equal exchanges when 
proof of purchase is presented within seven days 
of a retail sale of goods, shall conspicuously post 
such policy on signs: 

(a) Posted at each cash register and sales 
counter, or; 

(b) Posted at each public entrance, or; 

(c) Attached to each item sold. 

Such signs shall state what the store's policy 
is, including but not limited to: whether cash 
refund, store credit, or exchanges will be given; 
applicable time periods; and the types of mer- 
chandise which are covered by the policy. 

This Section shall not apply to food, plants 
and flowers, perishable goods, goods marked "as 
is," final sale clearance goods, goods used or 



damaged after purchase, goods not returned in 
their original package, and goods which cannot 
be resold due to health considerations. 

Violation of this Section is an infraction. 

Stores which violate the provisions of this 
Section shall be liable to the buyer for a period 
up to seven days from the date of purchase for 
the amount of the purchase. (Added by Ord. 
447-81, App. 8/27/81) 

SEC. 458. RETAIL ESTABLISHMENTS 
REQUIRED TO ISSUE ITEMIZED 
RECEIPTS FOR GOODS PURCHASES; 
PENALTIES; FINES. 

(a) Construction and Application. This 
Section shall be liberally construed and applied 
to promote its underlying purpose which is to 
protect consumers against unfair and deceptive 
business practices. 

(b) Definitions. 

(1) "Goods" means tangible chattels sold for 
use primarily for personal, family or household 
purposes, including, but not limited to electron- 
ics equipment, photographic equipment, com- 
puter equipment, telephones, antiques and works 
of art. 

(2) "Person" means an individual, partner- 
ship, corporation, limited liability company, as- 
sociation, or other group, however organized. 

(3) "Consumer" means an individual who 
seeks or acquires or purchases any goods for 
personal, family, or household purposes. 

(c) Itemized Receipts Required. 

(1) Every retail establishment in the City 
and County of San Francisco shall provide the 
consumer with a written or printed itemized 
receipt or invoice for the sale of goods if the 
purchase price of any one item exceeds $100.00. 

(2) All written or printed receipts or in- 
voices required by this Section shall include the 
date of sale, the name and address of the seller, 
and if the item being sold is electronic equipment 
or photographic equipment, the manufacturer 
and model of each such item sold. All written or 
printed receipts or invoices required by this 
Section shall also separately state each good or 
item purchased, the total quantity of each good 



207 



Fraud and Deceit 



Sec. 462. 



or item purchased, the unit cost of each good or 
item purchased or the cumulative costs of iden- 
tical items purchased, the total costs of all goods 
or items purchased, and any applicable taxes. 

(3) The itemized receipt for any item sold or 
represented to the consumer as an antique or 
original piece of art must state that the item is 
an antique or original piece of art. 

(4) Any item or good that is not on the 
itemized receipt is hereby deemed to have no 
value if other items or goods, purchased at the 
same time, are returned for exchange or refund. 

(d) Consumer Action; Relief; Court Costs 
and Attorney's Fees. 

(1) Any consumer may bring an action 
against a retail establishment that violates this 
Section and for each transaction in violation of 
this Section, may recover or obtain (a) $250 or 
the total cost of goods purchased, whichever is 
greater, (b) an order enjoining the violation, (c) 
punitive damages, if the court determines that 
the violation was wilful, and (d) any other relief 
that the court deems proper. 

(2) The court shall award court costs and 
attorney's fees to a prevailing plaintiff in litiga- 
tion filed under this Section. 

(e) Penalties and Enforcement. 

(1) Any person or employee or agent thereof 
violating or failing to comply with this Section 
shall be guilty of a misdemeanor and upon con- 
viction, may be fined not more than $500 for the 
first offense and $1,000 for each subsequent 
offense, or by imprisonment in the County Jail 
for not more than 6 months, or by both such fine 
and imprisonment. 

(2) In addition to the penalties and fines 
provided by this Section, the City and County of 
San Francisco may initiate a civil action against 
any person to compel compliance or to enjoin 
violations of this Section. In the event the City 
and County of San Francisco prevails in any 
such action, it may recover court costs and rea- 
sonable attorney's fees. In addition, the court 
shall award a civil penalty, not to exceed $1,000 
or three times the total cost of the goods sold, 
whichever is greater for each violation, if the 



City proves that the violation occurred after the 
City provided written warnings or notices of 
such violations and the violations continued. 

(f) Limitation of Actions. Any action 
brought under this Section shall be commenced 
not more than two years from the date of the 
sale. 

(g) Severability. If any part of this Section, 
or the application thereof to any person or cir- 
cumstances is held invalid, the remainder of this 
Section, including the application of such part or 
provision to other persons or circumstances shall 
not be affected thereby and shall continue in full 
force and effect. (Added by Ord. 61-00, File No. 
992153, App. 4/14/2000) 

SEC. 461. DEFRAUDING TELEPHONE 
COMPANY PROHIBITED. 

Every person who, with intent to injure or 
defraud, shall in the City and County of San 
Francisco, State of California, have in his pos- 
session a machine, appliance, contrivance or 
device of any character used or intended to be 
used to prevent a telephone call registering ap- 
paratus from correctly registering, or used or 
intended to be used for the purpose of obtaining 
a telephone connection with another telephone 
station without depositing a five-cent piece in 
the coin-collecting attachment or token in the 
token-collecting attachment of any telephone in- 
strument so equipped, is guilty of a misde- 
meanor. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 462. EVIDENCE. 

In all prosecutions for violation of Section 
461 of this Article proof that any of the acts 
herein made unlawful was done upon the pre- 
mises used or occupied by defendant charged 
with any violation of Section 461 of this Article, 
and that he or any other person on the premises 
would receive or would have the benefit of such 
telephone connection or connections without hav- 
ing to pay thereof, shall be prima facie evidence 
of the guilt of such defendant. (Added by Ord. 
1.075, App. 10/11/38) 



Sec. 462. San Francisco - Police Code 208 



[The next page is 215] 



ARTICLE 7: ANIMALS AND BIRDS 



Sec. 485. Trapping or Killing of Birds 

Prohibited; Exception. 
Sec. 485.1. Sterilization of Birds Prohibited; 

Exceptions. 
Sec. 486. Feeding Birds and Wild Animals 

Prohibited. 
Sec. 487. Reduction of Roosting and 

Breeding Areas. 

Sec. 488. Use of Steel-Jawed Traps 

Prohibited. 
Sec. 490. Regulating Riding of Horses in 

Public Places. 

SEC. 485. TRAPPING OR KILLING OF 
BIRDS PROHIBITED; EXCEPTION. 

It shall be unlawful for any person to trap, 
capture, kill or otherwise destroy any wild bird 
within the City and County of San Francisco, 
except that pigeons and other wild birds which 
become a nuisance or a hazard to public health 
may be trapped or captured, in a humane man- 
ner, by, or with the permission of, the Director of 
Public Health. 

It shall be the duty of the person who traps or 
captures pigeons or birds pursuant to the fore- 
going exception, to transport them in a humane 
manner and release them in some remote area. 
(Amended by Ord. 235-72, App. 8/21/72) 

SEC. 485.1. STERILIZATION OF BIRDS 
PROHIBITED; EXCEPTIONS. 

It shall be unlawful for any person to sterilize 
or cause the sterilization of any wild bird within 
the City and County of San Francisco; provided, 
however, that pigeons or other wild birds which 
become a nuisance or a potential hazard to 
public health may be sterilized by the use of 
nontoxic sterilizants by or under the supervision 
of the Director of Public Health. (Added by Ord. 
235-72, App. 8/21/72) 

SEC. 486. FEEDING BIRDS AND WILD 
ANIMALS PROHIBITED. 

It shall be unlawful for any person to feed or 
offer food to any bird or wild animal in or on any 



sidewalk, street or highway of the City and 
County of San Francisco. It shall be unlawful to 
feed or offer food to any Red Masked Parakeet in 
any park of the City and County of San Fran- 
cisco. (Added by Ord. 268-64, App. 10/2/64; Ord. 
133-07, File No. 070467, App. 6/15/2007) 

SEC. 487. REDUCTION OF ROOSTING 
AND BREEDING AREAS. 

The Director of Public Works is hereby au- 
thorized and directed to develop a humane plan 
to reduce the roosting and breeding areas for 
pigeons in or on all public buildings of the City 
and County and to work and cooperate in every 
reasonable way with other public agencies and 
private citizens toward the development of effec- 
tive methods of reducing roosting and breeding 
areas for pigeons in or on other public and 
private buildings particularly in those areas where 
there is a high population density. (Added by 
Ord. 268-64, App. 10/2/64) 

SEC. 488. USE OF STEEL-JAWED 
TRAPS PROHIBITED. 

It shall be unlawful for any person to set, 
trigger, activate or otherwise use, or cause to be 
set, triggered, activated or used any steel-jawed 
animal leg-hold trap, except as provided in Cali- 
fornia Health and Safety Code Section 1803. 
(Added by Ord. 301-77, App. 7/8/77) 

SEC. 490. REGULATING RIDING OF 
HORSES IN PUBLIC PLACES. 

(a) Use and Place Designated. No person 
shall ride, drive or lead a horse unattached to a 
vehicle, for any purpose other than in the pursuit 
of a business or occupation, parade, show or 
similar exhibition for which a permit has been 
obtained under the provisions of this Code, in 
any public place in the City and County of San 
Francisco, except as hereinafter set forth in this 
Section: 

(1) Upon unoccupied portions of the public 
beaches; 



215 



Supp. No. 9, June 2007 



Sec. 490. 



San Francisco - Police Code 



216 



(2) Upon bridle trails and other equestrian 
paths designated for such purpose under the 
provisions of the Charter and Municipal Code of 
said City and County; 

(3) Upon public roads, streets or highways 
when necessarily used for the sole purpose of 
entering or leaving such bridle trails, equestrian 
paths, or public beaches; 

(4) Upon public roads, streets or highways 
when necessarily used in proceeding directly to 
or from a parade, show or similar exhibition, as 
hereinabove set forth, when engaged as a par- 
ticipant therein. 

(b) Manner of Use. No person shall ride, 
drive or lead a horse as provided in Subdivision 
(a) of this Section: 

(1) At a pace faster than a slow canter when 
passing any horse proceeding in the same direc- 
tion, or at a pace faster than a walk when 
passing any horse standing or proceeding in the 
opposite direction; 

(2) At a pace faster than a walk upon any 
pavement or crossing; 

(3) At a pace faster than is reasonable or 
prudent having due regard for the traffic on, and 
the surface and width of, the ground being tra- 
versed, and in no event at a rate of speed which 
endangers the safety of persons, animals or 
property at any other time or place permitted in 
this Section; 

(4) While intoxicated. 

(c) Two or More Riders. Two or more 
persons shall not ride any such horse simulta- 
neously. 

(d) Necessary Control. Any police or deputy 
animal control officer may demand custody of 
any such horse in the event the person having 
charge thereof fails or refuses to exercise control 
necessary for the safety of such horse, rider or 
any other person, animal or property. Such horse 
so taken into custody may be returned to its 
stable or impounded as if running at large. 
Refusal of any such person to exercise such 
control shall constitute a violation of this Sec- 
tion. 



(e) Enforcement. The Chief of Police and 
deputy animal control officers duly appointed by 
The San Francisco Department of Animal Care 
and Control shall enforce the provisions of this 
Section. 

(f) Penalty. Each and every act which is a 
violation of any of the provisions of this Section 
shall be deemed a misdemeanor. (Added by Ord. 
4157, Series of 1939, App. 11/20/46; amended by 
Ord. 254-92, App. 8/7/92) 



[The next page is 219] 



Supp. No. 9, June 2007 



ARTICLE 7.1: HORSE-DRAWN VEHICLES 



Sec. 


500. 


Authority to Adopt This Article. 


Sec. 


500.1. 


Authority to Issue Regulations. 


Sec. 


500.2. 


Permits Required. 


Sec. 


500.3. 


Permits; Exception. 


Sec. 


500.4. 


Transfer of Permits. 


Sec. 


501. 


Definitions. 


Sec. 


502. 


Horse-Drawn Vehicle Business 
Permit. 


Sec. 


502.5. 


Driver Permits. 


Sec. 


503. 


Permit Investigation, Hearing 
and Issuance. 


Sec. 


503.5. 


Expiration, Suspension and 
Revocation of Permits. 


Sec. 


504. 


Insurance Requirements. 


Sec. 


505. 


Rules of Operation. 


Sec. 


506. 


Vehicle Regulations. 


Sec. 


507. 


Horse or Horse-Drawn Vehicle 
Animal Regulations. 


Sec. 


507.a. 


Department of Animal Care and 
Control — Duties. 


Sec. 


508. 


Punishment. 


Sec. 


509. 


Severability. 



SEC. 500. AUTHORITY TO ADOPT THIS 
ARTICLE. 

These horse-drawn vehicle rules and regula- 
tions are adopted pursuant to the authority 
granted in the Board of Supervisors of the City 
and County of San Francisco. (Added by Ord. 
238-98, App. 7/17/98) 



SEC. 500.1. AUTHORITY TO ISSUE 
REGULATIONS. 

The Chief of Police has authority, after a 
noticed public hearing, to adopt such rules and 
regulations that do not conflict with this Article 
to effect the purposes of this Article. (Added by 
Ord. 238-98, App. 7/17/98) 



SEC. 500.2. PERMITS REQUIRED. 

(1) It shall be unlawful to operate, or cause 
to be operated, a horse-drawn vehicle business 
within the City and County of San Francisco 
without first obtaining a permit from the San 
Francisco Police Chief. 

(2) It shall be unlawful to drive a horse- 
drawn vehicle for hire within the City and County 
of San Francisco without first obtaining a horse- 
drawn vehicle driver's permit from the Chief of 
Police. 

(3) It shall be unlawful to operate, or cause 
to be operated, any horse-drawn vehicle for hire 
within the City and County of San Francisco 
without first obtaining a permit, license, or con- 
tract for a "stand" that is acceptable to the San 
Francisco Police Chief. If the stand is on Port 
property a permit must also be obtained from the 
Port of San Francisco. (Added by Ord. 238-98, 
App. 7/17/98) 

SEC. 500.3. PERMITS; EXCEPTION. 

The permit requirements of this Article shall 
not apply to the use of horse-drawn vehicles for 
an activity that requires an event permit from 
the San Francisco Police Department, such as a 
parade or itinerant show. The horse-drawn ve- 
hicle used for such an event must meet insur- 
ance requirements as described in this Article. If 
the event occurs on Port property a permit to use 
said property will also be required. (Added by 
Ord. 238-98, App. 7/17/98; amended by Ord. 
284-99, File No. 991587, App. 11/5/99) 

SEC. 500.4. TRANSFER OF PERMITS. 

Any and all permits issued pursuant to this 
Article are not transferable. (Added by Ord. 
238-98, App. 7/17/98) 

SEC. 501. DEFINITIONS. 

(1) Horse-Drawn Vehicle. Includes any 
wagon, coach, omnibus or any vehicle powered in 
whole or in part by a horse, mule, or other 
animal. 



219 



Sec. 501. 



San Francisco - Police Code 



220 



(2) For Hire or Business. Horse-drawn 
vehicle service for consideration. 

(3) Employee. Person who works for or 
renders services to a horse-drawn vehicle for 
hire. 

(4) Driver or Operator. Person who drives 
or operates a horse-drawn vehicle. 

(5) Horse. A horse with a weight that ex- 
ceeds 1,100 pounds. 

(6) Qualified Veterinarian. A licensed vet- 
erinarian who is an expert in the care of horses 
and is agreed upon by both the operator and the 
Department of Animal Care and Control. 

(7) Stand. The portion of a curb lane, or 
any private or public property location, used for 
loading, unloading or waiting for passengers of 
horse-drawn vehicles. A "stand" must be ap- 
proved by the Chief of Police and other affected 
City and County of San Francisco department or 
agency. 

(8) Applicant. If a sole proprietorship, any 
person. If a partnership, each partner. If a cor- 
poration, each director, corporate officer, and 
stockholder owning ten percent (10%) or more of 
the corporation's stock. 

(9) Mechanical Evaluator. A mechanical 
evaluator is a person who has expertise, through 
training and/or on-the-job experience in the evalu- 
ation of the structural safety of horse-drawn 
vehicles. 

(10) Qualified Trainer. A qualified trainer 
is a person who has expertise through training 
and/or on-the-job experience in horse-drawn ve- 
hicle driving and the care of horse-drawn vehicle 
animals. 

(11) Special Event. A special event is an 
occasion when a person requests the services of a 
horse-drawn vehicle for a prearranged period of 
time for a prearranged route that is not on the 
regular route of the horse-drawn vehicle. (Added 
by Ord. 238-98, App. 7/17/98; amended by Ord. 
284-99, File No. 991587, App. 11/5/99) 



SEC. 502. HORSE-DRAWN VEHICLE 
BUSINESS PERMIT. 

(a) Prior to applying for a horse-drawn ve- 
hicle business permit, the applicant shall obtain: 

(1) A San Francisco horse-drawn vehicle 
business address; 

(2) Evidence of a valid permit, license or 
contract for use of a stand by the horse-drawn 
vehicle business at a location acceptable to the 
Chief of Police. The Chief of Police shall consider, 
among other things, public safety, public health, 
animal welfare and traffic issues in determining 
whether a requested location is acceptable; 

(3) A mechanical inspection report for each 
vehicle. (Payment of the cost of inspection is the 
responsibility of the applicant.) The inspection 
report shall include the following: 

(i) The mechanical evaluator's name, em- 
ployer, business address and phone number, 

(ii) The mechanical evaluator's relevant 
training, experience, and professional license 
numbers (if any), and 

(iii) Date of inspection and inspection re- 
sults, including the evaluator's conclusions re- 
garding vehicle condition, safety concerns, and 
maximum safe speed, weight and seating capac- 
ity. 

(4) A medical inspection report for each 
animal, made by a qualified veterinarian. (Pay- 
ment of the cost of inspection is the responsibil- 
ity of the applicant.) The medical inspection 
report shall include the following: 

(i) The medical evaluator's name, employer, 
business address and phone number, 

(ii) The medical evaluator's relevant train- 
ing, experience, and professional license num- 
bers, and 

(iii) Date of inspection and inspection re- 
sults, including vaccination information, the 
animal's general medical condition, identifica- 
tion of any specific health issues, and the 
evaluator's opinion as to whether the animal is 
fit to power a fully loaded vehicle in City traffic. 

(5) A training report, authored by the ani- 
mal trainer or owner, containing the name of the 
animal's trainer, the place and date of training, 



221 



Horse-Drawn Vehicles 



Sec. 503. 



the content of the training, and certification that 
the animal is trained to safely power a fully 
loaded vehicle of the type to be used in City 
traffic. (Training costs are the responsibility of 
the applicant.) 

(b) The application for the horse-drawn ve- 
hicle business permit shall be made in writing 
and filed with the Chief of Police. The applicant 
shall provide: 

(1) Applicant's name(s), address(es), and tele- 
phone number(s); 

(2) The physical location of the stand; 

(3) A description of each vehicle to be oper- 
ated, including photographs and other identify- 
ing information to distinguish each horse-drawn 
vehicle from any other; 

(4) The mechanical inspection report for 
each vehicle; 

(5) Identification of each animal used to 
power the vehicle(s), including photographs, and 
other identifying information sufficient to distin- 
guish each animal from any other that the ap- 
plicant intends to use; 

(6) The medical evaluation report for each 
animal; 

(7) The training report for each animal; 

(8) A detailed description of the route to be 
followed by the horse-drawn vehicles. (Added by 
Ord. 238-98, App. 7/17/98; amended by Ord. 
284-99, File No. 991587, App. 11/5/99) 

SEC. 502.5. DRIVER PERMITS. 

It shall be unlawful for any person to act as a 
driver of any horse-drawn vehicle for hire li- 
censed pursuant to this Article unless that per- 
son holds a driver's permit from the Chief of 
Police issued pursuant to this Section. 

(1) Application for a permit to drive a horse- 
drawn vehicle shall be made to the Chief of 
Police on a form provided by the Police Depart- 
ment. The applicant shall pay to the City and 
County of San Francisco a public passenger 
vehicle (non-motorized) driver application and 
license fee as prescribed in Sections 2.26 and 



2.27 of the San Francisco Administrative Code. 
The application shall include, but is not limited 
to, the following information: 

(a) Applicant's name, address, phone num- 
ber, height, weight, eye color, date of birth, and 
Social Security Number; 

(b) Applicant's California driver's license 
number, license class and driving restrictions. 
The applicant shall provide a current copy of his 
or her driving record from the Department of 
Motor Vehicles; 

(c) All criminal offenses for which the appli- 
cant has been convicted, including the date and 
disposition of the criminal matter; 

(d) Three photographs of applicant's face, 
frontal view, approximately two inches by two 
inches in size, taken within one month of the 
application; 

(e) A complete set of applicant's finger- 
prints taken by the San Francisco Police Depart- 
ment; 

(f) A document certifying that the applicant 
has been trained in equine care and horse- 
driving from a qualified trainer. The document 
shall contain, but not be limited to, the training 
received, dates and locations of training, trainer 
identification, trainer's employer and trainer's 
address, phone number, professional licenses (if 
any), training and experience; 

(g) Such other information as the Chief of 
Police may deem necessary. (Added by Ord. 238- 
98, App. 7/17/98; amended by Ord. 284-99, File 
No. 991587, App. 11/5/99) 

SEC. 503. PERMIT INVESTIGATION, 
HEARING AND ISSUANCE. 

The Chief of Police, upon receipt of an appli- 
cation for a horse-drawn vehicle business or 
driver's permit, shall make an investigation with- 
out unnecessary delay, hear the application, and 
grant such application unless he or she finds 
that the applicant: 

(1) Has been convicted, or pled "no contest" 
or guilty, within the five-year period prior to the 
date of application, of any serious felony, crime of 
moral turpitude, or any crime related to animal 
cruelty or endangerment; 



Sec. 503. 



San Francisco - Police Code 



222 



(2) Has falsified, caused to be falsified, or 
encouraged falsification of, any statement or 
document relevant to the permit application pro- 
cess; 

(3) Has been found responsible for animal 
cruelty or endangerment in any criminal, civil, 
or administrative proceeding; 

(4) Does not have the necessary qualifica- 
tions or does not meet the requirements to oper- 
ate a horse-drawn vehicle business or drive a 
horse-drawn vehicle, as applicable; 

(5) Has previously violated the Rules of 
Operation for the operation of a horse-drawn 
vehicle business. (Added by Ord. 238-98, App. 
7/17/98) 

SEC. 503.5. EXPIRATION, SUSPENSION 
AND REVOCATION OF PERMITS. 

(1) The Chief of Police may suspend or 
revoke for good cause, any Police Department- 
issued permit held by the horse-drawn vehicle 
business, or any horse-drawn vehicle driver, is- 
sued pursuant to this Article. "Good cause" in- 
cludes, but is not limited to, a Chief of Police 
finding, after a noticed public hearing, that the 
permit holder has engaged in any activity that 
would be grounds for denial of a horse-drawn 
vehicle business or driver's permit. 

(2) Permits may be revoked or suspended if 
the annual license fee is not paid to the San 
Francisco City and County Tax Collector. 

(3) Within 30 days of the renewal date for a 
horse-drawn business permit, the permit holder 
shall submit, to the Chief of Police, recertifica- 
tion and reinspection reports for each animal 
and vehicle as described in this Article. 

(4) Port permits may be revoked at the 
discretion of the San Francisco Port Commis- 
sion. (Added by Ord. 238-98, App. 7/17/98) 

SEC. 504. INSURANCE 
REQUIREMENTS. 

(1) It shall be unlawful for any person to 
operate any horse-drawn vehicle business with- 
out sufficient insurance, pursuant to the require- 
ments set forth by the City's Risk Manager. 

(a) Applicants shall file with the Chief of 
Police, and thereafter keep in full force and 
effect, an insurance policy acceptable to the 



Chief of Police. The insurance policy shall cover 
any and all damage claims arising out of the 
horse-drawn vehicle operation, including but not 
limited to all property damage and bodily injury. 
(b) Any deductibles in policies shall not 
exceed $1,000 for each occurrence. All policies 
shall be endorsed to provide 30 days' advance 
written notice to the City and County of San 
Francisco of the cancellation, nonrenewal or re- 
duction in coverage, mailed to the following 
address: 

City and County of San Francisco 
San Francisco Police Permit Section 
850 Bryant Street, Room 458 
San Francisco, CA 94103 

In the case of a stand on property under the 
jurisdiction of the San Francisco Port Commis- 
sion, the insurance policy shall name the City 
and County of San Francisco, the San Francisco 
Port Commission, its agents and its employers as 
additional insured. (Added by Ord. 238-98, App. 
7/17/98) 

SEC. 505. RULES OF OPERATION. 

(1) No horse-drawn vehicle for hire shall 
operate in the City and County of San Francisco 
unless the owner(s) and operator(s), as appli- 
cable, have valid horse-drawn vehicle business 
and driver's permits, current tax licenses and 
stand contracts, licenses or permits. The horse- 
drawn vehicle business vehicles and animals 
shall meet all requirements of this Article. 

(2) No horse-drawn vehicle for hire shall 
operate in the City and County of San Francisco 
unless the operator has within the vehicle the 
operator's valid California driver's license and a 
copy of the permits for the horse-drawn vehicle 
business and driver. 

(3) The operator shall, on the demand of 
any peace officer, animal control officer, or their 
agents, present copies of all required licenses 
and permits. 

(4) The horse-drawn vehicle business per- 
mit holder, or his or her agent or employee, shall 
supply information regarding the condition of 



223 



Horse-Drawn Vehicles 



Sec. 505. 



the business 1 vehicles and/or animals within one 
business day when requested by a peace officer, 
animal control officer, or their agents. 

(5) All drivers, agents and employees of a 
horse-drawn vehicle business shall comply with 
all traffic and other laws adopted by the State of 
California and/or the City and County of San 
Francisco and all horse-drawn vehicle regula- 
tions enacted by the Chief of Police. 

(6) No person may sit in the driver's com- 
partment area or position except the permitted 
driver, and a trainee. 

(7) No horse-drawn vehicle driver, agent or 
employee shall have any firearm or illegal weapon 
in any part of the horse-drawn vehicle or in his or 
her possession while working. 

(8) No horse-drawn vehicle driver, agent or 
employee shall possess or control any alcoholic 
beverage or illegal drug while near or respon- 
sible for the horse-drawn vehicle, stand or ani- 
mal. 

(9) No driver shall operate any horse-drawn 
vehicle, or handle any horse-drawn vehicle ani- 
mal, after consumption of prescription or non- 
prescription drugs or medication, if the effect of 
that drug or medication limits or hinders, in any 
way, the driver's ability to operate the horse- 
drawn vehicle or to care for the animal. 

(10) No owner, driver, agent or employee of 
a horse-drawn business shall fail or refuse to 
comply with a lawful order from any peace officer 
or animal control officer. 

(11) No person may solicit members of the 
public for horse-drawn vehicle services except at 
an authorized stand. 

(12) Horse-drawn vehicles may load passen- 
gers at stands, or at marked loading zones on 
their approved routes if the passengers previ- 
ously arranged with the horse-drawn vehicle for 
pick-up at a particular time and location. Pas- 
sengers may disembark at any location along the 
horse-drawn vehicle's approved route. The driver 
shall maintain personal and direct control of the 
horse or animal by holding the reins while pas- 
sengers are loading or unloading at any location. 



(13) Drivers shall not unnecessarily stop or 
wait at any location other than an authorized 
stand, except to load or unload passengers along 
their approved routes. 

( 14) Any horse-drawn vehicle business owner, 
driver, agent or employee, who finds the property 
of another, shall return the property to its right- 
ful possessor. If the rightful possessor is un- 
known, the horse-drawn vehicle business shall 
hold the property for no more than thirty (30) 
days before delivering the property to a San 
Francisco police officer. 

(a) The horse-drawn vehicle business shall 
keep a log of all found property. The log shall 
include entries for the date and time the prop- 
erty was found, a description of the property, and 
disposition of the property. 

(b) After the thirty (30) day period, any 
unclaimed property shall be delivered to a San 
Francisco police officer for safekeeping. 

(c) Failure to safeguard found property may 
subject the driver and/or horse-drawn vehicle 
business to permit revocation proceedings. 

(15) Every horse-drawn vehicle operator shall 
keep an accurate and legible waybill. Waybills 
shall be retained for at least one year at the 
horse-drawn vehicle business address and be 
available for review by any peace officer or his or 
her agent during normal business hours. Way- 
bills shall set forth, as a minimum, the following 
information: 

(a) Driver's name; 

(b) Vehicle number; 

(c) Date of waybill; 

(d) Starting time for period covered by way- 
bill; 

(e) Origin and destination of each trip; 

(f) Time of hire and discharge for each trip; 

(g) Charges for each trip; 

(h) Number of passengers for each trip; 

(i) The identity of the horse used for each 
trip. 

(16) The driver must maintain control of 
the horse or animal at all times and never leave 
the horse-drawn vehicle unattended. 



Sec. 505. 



San Francisco - Police Code 



224 



( 1 7) The horse-drawn vehicle shall not block 
or impede traffic at or near the stand when the 
stand is occupied with another horse-drawn ve- 
hicle. 

(18) The horse-drawn vehicle business shall 
operate horse-drawn vehicles at least seven (7) 
days during any given calendar month, unless 
weather precludes operation. 

(19) The Chief of Police, or the Chiefs des- 
ignee, has the authority to restrict or suspend 
the operation of horse-drawn vehicles for any 
situation that reasonably warrants the restric- 
tion or suspension. 

(20) For special events, if the horse-drawn 
vehicle operator has a valid horse-drawn vehicle 
business permit from the San Francisco Police 
Department, the horse-drawn vehicle business 
or driver must provide 24-hour notice to the 
District Station of the time of the event and the 
route to be taken. If the horse-drawn vehicle 
operator does not have such a permit, the horse- 
drawn vehicle business or driver must submit to 
the Chief of Police two (2) weeks prior to the 
event a proposed route for consideration and 
approval. 

(21) If a horse-drawn vehicle participates in 
a special event that is not along the horse-drawn 
vehicle's authorized route, the horse or animal 
and vehicle must be transported by another, 
appropriate vehicle(s) to and from the site of the 
special event. 

(22) The maximum number of passengers, 
not including the driver or trainee, allowed to 
ride in the carriage compartment area is six 
persons. (Added by Ord. 238-98, App. 7/17/98; 
amended by Ord. 284-99, File No. 991587, App. 
11/5/99) 

SEC. 506. VEHICLE REGULATIONS. 

(1) Each horse-drawn vehicle shall be main- 
tained in good working order and in a clean and 
attractive manner. 

(2) Each vehicle shall have the horse-drawn 
vehicle business name and a number painted or 
otherwise permanently affixed to the rear of the 



vehicle in a clear and conspicuous manner. The 
name and number shall be free of obstruction 
and clearly visible and legible to the public. 

(3) Each carriage shall have the relevant 
hiring rates, and any other charges, posted in 
clear and legible fashion on the exterior of both 
sides of the vehicle. 

(4) The passenger compartment of each ve- 
hicle for hire shall have posted, without obstruc- 
tion, the driver's permit and photograph. 

(5) All vehicles shall be equipped with a 
supply of complaint cards, approved by the Chief 
of Police, and available to any passenger on 
demand. 

(6) All vehicles shall be equipped with a 
device sufficient to catch horse excretion while 
on public property, and on private property that 
allows public access. 

(7) No horse-drawn vehicle shall be used 
primarily for advertising. Advertising must be 
confined to a two feet by three feet area on the 
back of the horse-drawn carriage. 

(8) All vehicles shall comply with the equip- 
ment standards set forth in Division 12 of the 
California Vehicle Code. 

(9) If it is reasonably determined that there 
is a mechanical failure of the equipment or the 
vehicle the Chief of Police or the Chiefs designee 
may remove the horse-drawn vehicle from ser- 
vice. The Chief of Police or the Chiefs designee 
may seek the advice of a qualified professional. A 
statement of findings must be provided from a 
qualified professional and apprqyed by the Chief 
of Police or the Chiefs designee prior to the 
horse-drawn vehicle returning to service. All 
expenses incurred are the responsibility of the 
permit holder. (Added by Ord. 238-98, App. 7/17/ 
98; amended by Ord. 284-99, File No. 991587, 
App. 11/5/99) 

SEC. 507. HORSE OR HORSE-DRAWN 
VEHICLE ANIMAL REGULATIONS. 

(1) All horse-drawn vehicle animals shall 
weigh over 1,100 pounds and be fit for the 
purpose of powering a fully loaded horse-drawn 
vehicle. To determine fitness, each horse-drawn 
vehicle animal shall be examined every six months 



225 



Horse-Drawn Vehicles 



Sec. 507. 



by a qualified veterinarian, who shall issue a 
report and send the report to both the Chief of 
Police and the Director of Animal Care and 
Control. The veterinarian report shall be made 
on a form approved by the Chief of Police. The 
report shall include, but is not limited to: 

(i) The information required in Section 
502.(4.)(a) of this Article; 

(ii) Status of immunization, deworming and 
dental work; 

(iii) Farrier status; 

(iv) Drug tests and pregnancy tests for mares; 

(v) Results of any other test deemed pru- 
dent by the veterinarian. 

(2) The Chief of Police or the Chiefs desig- 
nee may immediately suspend the use of any 
horse-drawn vehicle animal and order a medical 
evaluation or specific treatment for the animal 
by a certified veterinarian. The Chief of Police or 
the Chiefs designee may seek the advice of a 
qualified professional. A statement of findings 
must be provided from a certified veterinarian, 
qualified in horse treatment and care, and ap- 
proved by the Chief of Police or the Chiefs 
Designee prior to the animal returning to ser- 
vice. If the Department of Animal Care and 
Control receives a complaint regarding the con- 
dition or treatment of a horse-drawn vehicle 
animal, the Director of Animal Care and Control 
may have the horse examined by an Animal Care 
and Control employee and/or a certified veteri- 
narian at any time without notice. All costs 
associated with medical tests, evaluations and 
treatments are the responsibility of the permit 
holder. 

(3) No animal shall be used to power a 
vehicle in the City and County of San Francisco 
if the animal has an open sore or wound that 
would affect the animal's comfort or soundness. 

(4) No animal shall be used to power a 
vehicle in the City and County of San Francisco 
unless the animal has hoofs that are properly 
shod and trimmed. Farrier records shall be kept 
for each animal. 



(5) No animal shall be used to power a 
vehicle in the City and County of San Francisco 
unless the animal is groomed daily and has a 
healthy coat. 

(6) No horse-drawn vehicle animal shall 
work more than five (5) consecutive days in a 
week or more than six (6) hours in any day or 
twenty-four (24) hour period per the Carriage 
Operators of North America's Rules of Opera- 
tion. A horse-drawn vehicle animal shall have 
water made available during the entire work 
period. 

(7) No horse-drawn vehicle animal shall 
work more than eight hours per day without 
being given water and rest for not less than two 
cumulative hours during the entire work period. 
Each horse-drawn vehicle animal shall be given 
water and rest for not less than fifteen (15) 
minutes during each working hour. 

(8) All equipment used on the horse-drawn 
vehicle animal must be approved by the Director 
of Animal Care and Control or his or her desig- 
nee prior to use. The equipment must be kept in 
good repair at all times. Other than normal 
blinders, no horse-drawn vehicle animal shall 
work with equipment causing any vision impair- 
ment. The harness shall be oiled and cleaned as 
to be soft at all times. It also shall be fitted, 
properly maintained, and free of makeshift con- 
nections such as wire, cloth or tape, except if 
emergency repair is necessary. No high port, long 
shank, or twisted wire bits shall be used on any 
horse-drawn vehicle animal. 

(9) Whips may be used only in certain cases, 
and not excessively, to control the animal. Whips 
may not be used to inflict pain or suffering to any 
horse-drawn vehicle animal. 

(10) Whenever animals are housed on as- 
phalt, concrete or other hard surfaces the floors 
must be covered with rubber floor pads. 

(11) Each horse-drawn vehicle animal shall 
be required to work ninety percent of the time at 
a walking gait, and no more than ten percent of 
the time at a trotting gait. (Added by Ord. 
238-98, App. 7/17/98; amended by Ord. 284-99, 
File No. 991587, App. 11/5/99) 



Sec. 507.a. San Francisco - Police Code 226 

SEC. 507.a. DEPARTMENT OF ANIMAL 
CARE AND CONTROL— DUTIES. 

The Board of Supervisors calls on the Depart- 
ment of Animal Care and Control to conduct 
semiannual random visits to all horses engaged 
in the operation of horse-drawn vehicles, and to 
field inquiries from the public regarding the 
treatment of such horses. (Added by Ord. 238-98, 
App. 7/17/98) 

SEC. 508. PUNISHMENT. 

Any person who violates any provision(s) of 
this Article is guilty of a misdemeanor, and upon 
conviction shall be punished by fine not to exceed 
$1,000, imprisonment not to exceed one year in 
the County Jail, or by both such fine and impris- 
onment. Any violation of this Article will also 
subject all relevant permits or permit applica- 
tion to revocation, suspension or denial. (Added 
by Ord. 238-98, App. 7/17/98) 

SEC. 509. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause, or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Article or any part 
hereof. The Board of Supervisors hereby declares 
that it would have passed each section, subsec- 
tion, subdivision, paragraph, sentence, clause, or 
phrase thereof irrespective of the fact that any 
one or more sections, subsections, subdivisions, 
paragraphs, sentences, clauses or phrases be 
declared unconstitutional or invalid or ineffec- 
tive. (Added by Ord. 238-98, App. 7/17/98) 



[The next page is 235] 



ARTICLE 8: MINORS 



Sec. 510. Minors Frequenting Barrooms, 

Billiard Parlors, Etc., 
Prohibited. 

Sec. 510.1. Family Recreation Center — 
Special Permit. 

Sec. 515. Regulating Issuance of Books to 

Minors by Circulating Libraries. 

Sec. 516. Exceptions. 

Sec. 527. Minors Under 16 Years Getting 

On or Off Moving Vehicles 
Prohibited. 

Sec. 528. Penalty. 

Sec. 533. Requiring Hotels, Motels, Auto 

Courts, and Furnished 
Apartment House Keepers to 
Report Presence of a Minor. 

Sec. 534. Penalty. 

Sec. 539. Curfew Law. 

Sec. 551. Minors Selling, Etc., Goods, 

Etc., in Certain Places 
Prohibited. 

Sec. 552. Proprietor, Etc., Not to Permit 

Such Minor to Enter, Etc. 

Sec. 553. Exception. 

Sec. 554. Prohibition of Sale of Aerosol 

Paint to Minors. 

Sec. 555. Sale of Permanent Markers To 

Minors and Possession of 
Permanent Markers By Minors 
Without Supervision or 
Authorization Prohibited. 

SEC. 510. MINORS FREQUENTING 
BARROOMS, BILLIARD PARLORS, ETC., 
PROHIBITED. 

It shall be unlawful within the City and 
County of San Francisco for any proprietor, keeper, 
bartender, clerk or any other person having the 
charge or control of any saloon, barroom, billiard 
room or poolroom, or of any other public place, or 
place open to public view, to permit any person 



under the age of 18 years to play or engage in or 
to be present at any game of billiards, pool or of 
cards; and it shall likewise be unlawful for any 
person under the age of 18 years to play or 
engage in, or be present at any game of billiards, 
pool, or of cards in any public place or place open 
to public view within the City and County of San 
Francisco. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 510.1. FAMILY RECREATION 
CENTER— SPECIAL PERMIT. 

Notwithstanding the provisions of Section 
510 of this Article, the Chief of Police may, upon 
written application thereof in such form and 
containing such information as said Chief shall 
require, issue a special permit allowing persons 
under the age of 18 years to play or engage in a 
game of billiards or pool or to be, remain in, or 
frequent a billiard or pool room, to any person, 
firm, corporation, association, or other legal en- 
tity holding a valid billiard or pool or combina- 
tion table license if the area to be available to 
persons under the age of 18 years conform to the 
following physical design: 

(a) All billiard or pool tables made available 
for the use of persons under the age of 18 years 
at said place of business shall be located on the 
street level of said place of business; 

(b) All of said billiard or pool tables shall be 
open to public view from the adjoining sidewalk 
at all times said place of business is in operation; 

(c) A specific area of said place of business is 
designated and set aside as a family recreation 
center for the exclusive use of patrons or guests 
under the age of 18 years or for groups which 
include patrons or guests under the age of 18 
years and such area is separated from the re- 
maining area of said place of business by a 
partition to be approved by the Chief of Police; 
provided, however, that no person under the age 
of 15 years shall be permitted to play or engage 



235 



Sec. 510.1. 



San Francisco - Police Code 



236 



in a game of billiards or pool, or to be, remain in 
or frequent a billiard or pool room unless accom- 
panied by parent or guardian. 

In granting or denying a permit the Chief of 
Police shall give particular consideration to the 
peace, order and moral welfare of the public. 

Nothing in this Section shall be taken or 
deemed to authorize or approve any person un- 
der the age of 18 years playing or engaging in a 
game of billiards or pool or being, remaining in or 
frequenting any billiard or pool room at any time 
during normal school hours on school days or at 
any other time prohibited by applicable law or 
statute. (Added by Ord. 267-66, App. 11/3/66) 

SEC. 515. REGULATING ISSUANCE OF 
BOOKS TO MINORS BY CIRCULATING 
LIBRARIES. 

It shall be unlawful for any person, firm, 
corporation or association owning, operating or 
having charge of any circulating or lending li- 
brary to lend or rent to any person under the age 
of 21 years any book, magazine, pamphlet or 
other printed matter, unless and until such mi- 
nor shall have registered with such circulating 
or lending library, and shall have received there- 
from a membership card; provided, however, 
that such membership card shall not be issued to 
any person under the age of 21 years without the 
consent of the parent or legal guardian of such 
minor in writing, signed by such parent or legal 
guardian in the presence of the Librarian in 
charge of such Library. In case such minor has no 
regularly appointed legal guardian in the City 
and County of San Francisco, then such written 
consent must in like manner be obtained from 
the person who has the care or custody of said 
minor. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 516. EXCEPTIONS. 

The provisions of Section 515 of this Article 
shall not apply to libraries maintained or oper- 
ated by the United States, the State of Califor- 
nia, the City and County of San Francisco, or any 
non-profit, technical and reference libraries. 
(Added by Ord. 1.075, App. 10/11/38) 



Sec. 521. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 260-04, File No. 031932, App. 11/4/2004) 

Sec. 522. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 260-04, File No. 031932, App. 11/4/2004) 

SEC. 527. MINORS UNDER 16 YEARS 
GETTING ON OR OFF MOVING 
VEHICLES PROHIBITED. 

It shall be unlawful for any minor, under the 
age of 16 years, to get on, or attempt to get on, or 
to get off, or attempt to get off, any street car, 
train or street cars, wagon, truck or other ve- 
hicle, which may be moving along any public 
street. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 528. PENALTY. 

Any minor under the age of 16 years who 
shall violate any of the provisions of Section 527 
of this Article shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be punished 
by a fine not to exceed $50, or by imprisonment 
in the County Jail for not more than one month, 
or by both such fine and imprisonment. (Added 
by Ord. 1.075, App. 10/11/38) 

SEC. 533. REQUIRING HOTELS, 
MOTELS, AUTO COURTS, AND 
FURNISHED APARTMENT HOUSE 
KEEPERS TO REPORT PRESENCE OF A 
MINOR. 

Each owner, agent, manager, or keeper of a 
hotel, motel, auto court, furnished apartment 
house, boarding house, lodging house, or tene- 
ment house, shall immediately report to the 
office of the Chief of Police of the City and 
County of San Francisco, the presence therein of 
any minor under the age of 18 years, unless such 
minor is accompanied by the parent, guardian, 
or other person having the care and custody of 
such minor; or unless said minor is attending a 
social event or other assemblage at which his 
attendance has been expressly authorized by his 
parents or legal guardian; or unless the presence 
of said minor in said place or places is connected 
with and required by some legitimate business, 



237 



Minors 



Sec. 539. 



trade, profession, or occupation, in which said 
minor is engaged. (Amended by Ord. 10741, 
Series of 1939, App. 12/12/57) 

SEC. 534. PENALTY. 

Any person, firm or corporation who shall 
violate the provisions of Section 533 of this 
Article shall be guilty of a misdemeanor, and, 
upon conviction thereof, shall be punished by a 
fine of not less than $100 and not more than 
$500, or by imprisonment in the County Jail for 
not more than six months, or by both such fine 
and imprisonment. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 539. CURFEW LAW. 

(a) Findings. The Board of Supervisors finds 
that a critical need exists for a juvenile curfew 
ordinance. Minors under the age of 14 possess a 
particular vulnerability to crime and harmful 
influence under certain circumstances or when 
not supervised or accompanied by a parent or 
legal guardian at night; such minors often lack 
the ability to make critical decisions in an in- 
formed and mature manner when exposed to 
nighttime influences. A curfew ordinance can 
help to ensure that a minor's parent or legal 
guardian is able to play an important role in the 
minor's development and upbringing. Under ex- 
isting State law, there are limited circumstances 
under which a police officer can intervene to 
assist a minor who is in danger or need of 
assistance. In the absence of a curfew ordinance, 
an officer does not have a clear guideline as to 
whether or not he or she can detain a minor to 
obtain assistance. Accordingly, the Board of Su- 
pervisors finds that this juvenile curfew ordi- 
nance is necessary. The ordinance is precisely 
tailored to ensure the welfare of minors and to 
promote and protect parents' ability to play a 
role in their children's upbringing. 

(b) Definitions. For the purposes of this 
Section, the following definitions shall apply: 

(1) Emancipated Minor. An emancipated 
minor is a minor who has entered into a valid 
marriage, is on active duty with any of the armed 



forces, or has received a declaration of emanci- 
pation, as more fully set forth in California 
Family Code Sections 7000, et seq. 

(2) Emergency Mission. An emergency mis- 
sion is a venture to obtain medical, police, fire, or 
other assistance that is required by some reason- 
able necessity to which a minor must attend. 

(3) Legitimate Employment. Legitimate 
employment is any lawful source of employment 
or self-employment in connection with a busi- 
ness, trade, profession, or occupation. 

(4) Express Parental Permission. Ex- 
press parental permission is the verifiable per- 
mission of a minor's parent or legal guardian for 
the minor to be in or on any public street, public 
park, or any other public place during the hours 
of curfew set forth in Subdivision (c). When 
stopped for a possible violation of Subdivision (c), 
it shall be the minor's responsibility to demon- 
strate that he or she has express parental per- 
mission. The minor may satisfy this burden 
equally through any means including, but not 
limited to, signed and verifiable documentation 
from a parent or legal guardian specifying the 
date, time and purpose of permission or presen- 
tation of a form developed and administered by 
the Police Department. If a minor is unable to 
demonstrate that he or she has express parental 
permission and no other exception applies, the 
minor may be transferred to the nearest district 
police station. For minors who allege but are 
unable to demonstrate express parental permis- 
sion, the officer in custody of the minor at the 
station immediately shall attempt to contact the 
minor's parent or legal guardian to determine if 
the minor has express parental permission. If 
the officer determines that the minor has ex- 
press parental permission and the minor is not 
being held for any other charges, the minor 
immediately shall be released and returned to 
the place of initial detention as authorized by the 
minor's parent or legal guardian. If the officer 
does not determine that the minor has express 
parental permission, the minor shall be deemed 
to be in violation of Subdivision (c). 

(5) Minor. A minor is any person under the 
age of 14 years. 



Sec. 539. 



San Francisco - Police Code 



238 



(6) Other Public Place. Other public place 
includes all other public or private property, in 
addition to a public street or public park, that is 
out of doors and immediately accessible by the 
public in general, such as plazas, parking lots, 
doorways, or accessways. Other public place shall 
not include the residence of a minor or a minor's 
relative or a street, sidewalk, or yard immedi- 
ately adjacent to the residence. 

(7) Parent or Legal Guardian. A parent 
or legal guardian is a person or spouse of a 
person who has the legal custody or care of a 
particular minor. For purposes of Subdivision 
(c)(1), parent or legal guardian also includes an 
adult who is accompanying a minor with the 
express permission of the minor's parent or legal 
guardian. 

(8) Public Park. Public park includes all 
grounds, roadways, squares, recreation facili- 
ties, and other property placed under the control, 
management, and direction of the San Francisco 
Recreation and Park Commission. 

(9) Public Street. Public street includes 
all public sidewalks, crosswalks, roadways, al- 
leys, and intersections that are not immediately 
adjacent to a minor's residence. 

(10) Religious or Political Activity. A 
religious or political activity includes, but is not 
limited to, a rally, demonstration, march, vigil, 
service, or distribution of information which has 
as its primary focus political or religious pur- 
poses. 

(c) Violation. It shall be unlawful for any 
minor to be in or on any public street, public 
park, or any other public place between the 
hours of 12:00 midnight and 5:00 a.m., except for 
the following: 

(1) When the minor is accompanied by a 
parent or legal guardian, or when the minor is 
present with one or more other minors, at least 
one of which is accompanied by a parent or legal 
guardian; 

(2) When the presence of the minor in or on 
any public street, public park, or any other 
public place is connected with and required by 
some legitimate employment in which the minor 
is engaged; 



(3) When the minor has express parental 
permission; 

(4) When the minor is an emancipated mi- 
nor; 

(5) When the minor is engaged in an emer- 
gency mission; or 

(6) When the minor is participating in a 
religious or political activity. 

(d) Procedure. When a minor is cited, 
booked, detained, or arrested for the violation of 
Subdivision (c) of this Section, the officer taking 
such action shall follow the procedures estab- 
lished by the San Francisco Police Department 
for treating juveniles who have violated Califor- 
nia Welfare and Institutions Code Section 601. If 
a minor is arrested for violation of Subdivision 
(c), the minor shall not be held in a secure 
facility. When a minor is placed in custody for a 
violation of Subdivision (c), the arresting officer 
or other authorized personnel immediately shall 
make every effort to notify the minor's parent or 
legal guardian pursuant to procedures estab- 
lished by the Police Department. If the minor's 
parent or legal guardian cannot be contacted 
after continued efforts, the minor shall be trans- 
ferred to a receiving facility pursuant to Police 
Department procedures. The arresting officer 
shall forward to the Juvenile Probation Officer 
at the Youth Guidance Center a copy of the 
arrest report, setting forth the circumstances of 
the arrest of the minor. If the parent or legal 
guardian of any minor arrested for the violation 
of Subdivision (c) of this Section appears at the 
place where the minor is being detained pursu- 
ant to Police Department procedures, the Officer 
in charge shall release the minor to the minor's 
parent or legal guardian. It shall be the duty of 
the Juvenile Probation Officer handling the case 
to cause to be issued and served upon the ar- 
rested minor's parent or legal guardian a notice, 
requiring the parent or legal guardian to appear 
at a time and place to be specified in the notice, 
pursuant to the procedures established by the 
Juvenile Probation Department. Any person fail- 
ing or neglecting to respond to any notice issued 
and served pursuant to the provisions of this 
subdivision shall be guilty of a misdemeanor. 



239 



Minors 



Sec. 555. 



(e) Duty to Prosecute. It shall be the duty 
of the District Attorney to prosecute any person 
failing to respond to any notice issued pursuant 
to Subdivision (c). (Amended by Ord. 6770, Se- 
ries of 1939, App. 6/12/51; Ord. 147-90, Eff. 
4/30/90) 

SEC. 551. MINORS SELLING, ETC., 
GOODS, ETC., IN CERTAIN PLACES 
PROHIBITED. 

No minor under the age of 18 years shall, for 
the purpose of selling, disposing of or offering for 
sale or disposal any goods, wares or merchandise 
or for the purpose of rendering any service to any 
person on or about said premises, enter any 
place or premises wherein alcoholic beverages 
are sold or dispensed for consumption at or upon 
said place or premises. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 552. PROPRIETOR, ETC., NOT TO 
PERMIT SUCH MINOR TO ENTER, ETC. 

It shall be unlawful for the proprietor or 
other persons in charge of the place or premises 
referred to in Section 551 of this Article to permit 
a minor under the age of 18 years to enter said 
place or premises, or to remain therein, for the 
purpose of selling, or offering for sale any goods, 
wares or merchandise or for the purpose of 
rendering any service to any person in or about 
said premises. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 553. EXCEPTION. 

The provisions of Sections 551 and 552 of this 
Article shall not apply to the sale, by minors 
under the age of 18 years, of goods, wares or 
merchandise, other than alcoholic beverages, at 
baseball games, football games and other like 
gatherings, where the sale or dispensing of alco- 
holic beverages for consumption upon the place 
or premises is only incidental to the exhibition or 
venture carried on or engaged in. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 554. PROHIBITION OF SALE OF 
AEROSOL PAINT TO MINORS. 

It shall be unlawful: 

(a) For any person, firm or corporation, ex- 
cept a parent or legal guardian, to sell, exchange, 
give or loan to any minor under the age of 18 



years, any aerosol container six ounces or less 
(net weight of contents) containing any sub- 
stance commonly known as paint, or containing 
any other opaque liquid capable of being pro- 
pelled by the aerosol container. 

(b) For any person under the age of 18 years 
to have in his or her possession any aerosol 
container six ounces or less (net weight of con- 
tents) containing any substance commonly known 
as paint, or containing any other opaque liquid 
capable of being propelled by the aerosol con- 
tainer while upon public property or upon pri- 
vate property without the consent of the owner of 
such private property. (Added by Ord. 12-86, 
App. 1/17/86) 

SEC. 555. SALE OF PERMANENT 
MARKERS TO MINORS AND 
POSSESSION OF PERMANENT 
MARKERS BY MINORS WITHOUT 
SUPERVISION OR AUTHORIZATION 
PROHIBITED. 

(a) Sale to Minors Prohibited. It shall be 
unlawful for any person, firm or corporation, 
except a parent or legal guardian, to sell, ex- 
change, give, loan or in any way furnish to any 
person under the age of 18 years any marker 
with a nib (marking tip) one-half inch or more at 
its largest dimension and that is capable of 
defacing property with permanent, indelible, or 
water proof ink, paint or other liquid. 

(b) Possession by Minors Without Su- 
pervision or Authorization Prohibited. It 

shall be unlawful for any person under the age of 
18 years to have in his or her possession any 
permanent marker with a nib (marking tip) 
one-half inch or more at its largest dimension 
and that is capable of defacing property with 
permanent, indelible, or waterproof ink, paint or 
other liquid while: (i) upon public property, un- 
less the minor is using the marker under the 
supervision of a teacher, parent or guardian, or 
(ii) upon private property without the consent of 
the owner of such private property. (Amended by 
Ord. 299-86, App. 7/11/86) 



Sec. 555. San Francisco - Police Code 240 

Sec. 556. 

(Added by Ord. 136-88, App. 3/24/88; repealed by 

Ord. 260-04, File No. 031932, App. 11/4/2004) 

Sec. 557. 

(Added by Ord. 213-88, App. 5/25/88; repealed by 

Ord. 260-04, File No. 031932, App. 11/4/2004) 



[The next page is 253] 



ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS 



Sec. 585. Hitching Animals to or Injuring 

Lampposts, Hydrants, Etc., 

Prohibited. 
Sec. 602. Sale or Possession of Sling 

Shots or Toys Projecting 

Missiles by Air or Gas 

Prohibited. 
Sec. 603. Findings. 

Sec. 603.1. Regulations in the Use of Water. 
Sec. 603.2. Removal of Flow Restricting 

Device. 
Sec. 603.3. Tampering With Water Meter. 
Sec. 603.4. Enforcement by Water 

Department Employees. 
Sec. 603.5. Violation. 
Sec. 603.6. Effective Period. 

Sec. 605. Prohibiting Sale or Purchase of 

Lock-Opening Devices. 
Sec. 607. Possession of Sling Shots or 

Metal Knuckles Prohibited. 
Sec. 608. Prohibiting Sale of Darts and 

Similar Weapons to Minors. 
Sec. 609. Prohibiting Possession of and 

Purchase by Minors of Darts 

and Similar Weapons. 
Sec. 613. Regulating Sale of Firearms. 

Sec. 613.1. Definitions. 
Sec. 613.2. Application Form and 

Background Check 

Requirements. 
Sec. 613.3. Denial of License. 
Sec. 613.4. Referral of Application to Other 

Departments. 
Sec. 613.5. Public Hearing Before Issuance 

of License. 
Sec. 613.6. Form of License. 
Sec. 613.7. Duration and Renewal of 

Licenses. 
Sec. 613.8. Nonassignability of License. 
Sec. 613.9. Security. 



Sec. 613.10. 
Sec. 613.10-1 



Sec. 613.10-2. 

Sec. 613.10-3, 

Sec. 613.11. 

Sec. 613.12. 

Sec. 613.13. 

Sec. 613.14. 

Sec. 613.15. 

Sec. 613.16. 

Sec. 613.17. 

Sec. 613.18. 

Sec. 613.19. 

Sec. 613.20. 

Sec. 614. 

Sec. 615. 

Sec. 616. 

Sec. 617. 



Sec. 622. 

Sec. 623. 

Sec. 628. 

Sec. 630. 



License — Conditions. 

Sale or Transfer of 50 Caliber 

Firearms and Cartridges 

Restricted. 

Sale of Ultracompact Firearms 

Restricted. 

Persons Prohibited from 

Purchasing Firearms Not 

Permitted on Licensees 1 

Premises. 

License — Grounds for 

Revocation. 

Hearing on License Denial or 

Revocation. 

License — Liability Insurance. 

License — Authority to Inspect. 

Compliance by Existing Dealers. 

Temporary Suspension of 

License. 

Delivery to Tax Collector. 

Rules and Regulations. 

Penalties. 

Severability. 

Exceptions. 

Records of Ammunition Sales. 

Reporting the Loss or Theft of 

Firearms. 

Prohibition Against Possession 

or Sale of Firearms or 

Ammunition on Property 

Controlled by the City and 

County of San Francisco. 

Regulations to be Observed at 
Fires. 

Public to Remain Outside Lines. 
Coercion of Laborers For 
Political Purposes Prohibited. 

Unauthorized Removal of 
Newspapers Prohibited. 



253 



Supp. No. 10, July/August 2007 



San Francisco - Police Code 



254 



Sec. 633. Requiring Damaged Traffic 

Standards to be Reported to 
Chief of Police. 

Sec. 635. City and County Buildings and 

Grounds; Violations of Rules 
and Regulations Relating 
Thereto Prohibited. 



Sec. 


636. 


Security Requirements New 
Construction. 


Sec. 


636.1. 


Security Requirements Group H 
Occupancy Buildings. 


Sec. 


636.2. 


Security Requirements Exterior 
Doors. 


Sec. 


636.3. 


Penalties. 


Sec. 


636.4. 


Enforcement Authority. 


Sec. 


636.5. 


Retroactive Provisions. 


Sec. 


638. 


Interference With Fire, Etc., 
Telegraph Systems Prohibited. 


Sec. 


639. 


Making False Alarms 
Prohibited. 


Sec. 


640. 


Reward. 


Sec. 


641. 


Payment. 


Sec. 


642. 


Ineligible Persons. 


Sec. 


643. 


Publication of Offer. 


Sec. 


644. 


The Use, Sale or Possession of 



Balloons Inflated With 

Inflammable or Explosive Gases 

Prohibited. 
Sec. 645. Abandoning Refrigerator 

Equipped With Locking Devices 

Prohibited. 
Sec. 646. Penalty. 

Sec. 647. Unauthorized Removal of 

Shopping Carts; Notice, 

Exceptions. 
Sec. 648. Automatic Calling Devices — Use 

of Regulated. 
Sec. 649. Application for Permission to 

Install. 

SEC. 585. HITCHING ANIMALS TO OR 
INJURING LAMPPOSTS, HYDRANTS, 
ETC., PROHIBITED. 

It shall be unlawful for any person to hitch or 
fasten any animal to, or to place any placard or 



notice upon, or in anywise to injure any lamp 
post or hydrant, or any growing tree, upon any 
public street, or, without authority, to extinguish 
any public light. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 602. SALE OR POSSESSION OF 
SLING SHOTS OR TOYS PROJECTING 
MISSILES BY AIR OR GAS PROHIBITED. 

It shall be unlawful for any person, except for 
a peace officer authorized under California Penal 
Code Section 12600, to buy, sell, offer or expose 
for sale, barter or exchange, have in his posses- 
sion or use any sling shot. 

It shall also be unlawful for any person to 
buy, sell, offer or expose for sale, barter or 
exchange, have in his possession or use any toy 
by which, whether used singly or in combination 
of units, missiles may be projected by force or 
compressed air, carbon dioxide, or any other 
chemical, gas, or other element, or combined 
thereof. Nothing in this section is intended to be 
inconsistent with Government Code Section 
53071.5 or any successor statute regulating imi- 
tation firearms, BB guns or air rifles. (Amended 
by Ord. 4782, Series of 1939, App. 1/6/48; Ord. 
260-04, File No. 031932, App. 11/4/2004) 

SEC. 603. FINDINGS. 

Whereas, the Public Utilities Commission on 
March 22, 1977 has adopted a mandatory water 
conservation and rationing plan relating to the 
use of water from the San Francisco Water 
Department, this Board of Supervisors hereby 
declares that a water shortage condition prevails 
in the City and County of San Francisco due to 
conditions prevailing throughout the State of 
California and intends herewith to prohibit the 
usage of water which is wasteful during such 
water shortage condition to the end that suffi- 
cient water will be available for human consump- 
tion, sanitation and fire protection. 

The specific uses prohibited in Section 603.1 
are nonessential, and if allowed would constitute 
a wastage of water. (Added by Ord. 221-77, App. 
6/9/77) 



Supp. No. 10, July/August 2007 



254.1 Miscellaneous Conduct Regulations Sec. 603.1. 



SEC. 603.1. REGULATIONS IN THE USE 
OF WATER. 

It shall be unlawful for any person, firm, 
association, corporation, partnership or organi- 



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[INTENTIONALLY LEFT BLANK] 



Supp. No. 10, July/August 2007 



255 



Miscellaneous Conduct Regulations 



Sec. 605. 



zation of any kind, with respect to water pro- 
vided directly from the San Francisco Water 
Department through its facilities to: 

(a) Use a hose to wash motor vehicles, trail- 
ers, or boats except that automobiles and buses 
may be washed in commercial or fleet washing 
facilities using a water recycling system. 

(b) Use a hose to wash a building or struc- 
ture or any part thereof. 

(c) Fill with water any existing or new swim- 
ming pool except that water may be added to 
existing swimming pools in order to maintain 
normal levels and to replace evaporation. 

(d) Clean or wash sidewalks, driveways, 
patios, parking lots, tennis courts, athletic fields 
covered with artificial surfaces and other hard- 
surfaced areas with water from hoses or by use of 
water directly from faucets or other water out- 
lets. 

(e) Use water in such a manner which re- 
sults in flooding or runoff in gutters, driveways 
or streets. 

(f) Use water to clean, fill or maintain water 
levels in decorative fountains. 

(g) Serve water to a customer in a restau- 
rant unless specifically requested by such cus- 
tomer. (Added by Ord. 221-77, App. 6/9/77) 

SEC. 603.2. REMOVAL OF FLOW 
RESTRICTING DEVICE. 

No person, firm, association, corporation, part- 
nership or organization of any kind shall remove 
any water flow restricting device installed by the 
San Francisco Water Department to control wa- 
ter use in excess of allotment on a customer 
service line. (Added by Ord. 221-77, App. 6/9/77) 

SEC. 603.3. TAMPERING WITH WATER 
METER. 

No person, firm, association, corporation, part- 
nership or organization of any kind shall tamper 
with, or alter in any manner a water meter or the 
water service line which connects a water main 
to a water meter of the San Francisco Water 
Department. (Added by Ord. 221-77, App. 6/9/77) 



SEC. 603.4. ENFORCEMENT BY WATER 
DEPARTMENT EMPLOYEES. 

Pursuant to Section 836.5 of the Penal Code, 
San Francisco Water Department employees in 
the civil service classification of District Water 
Serviceman (Water Service Inspector) and Se- 
nior District Water Serviceman (Senior Water 
Service Inspector) shall have the duty to enforce 
Sections 603.1, 603.2 and 603.3 of the Article and 
are hereby authorized and empowered to arrest 
any person, firm, association, corporation, part- 
nership or organization of any kind for violations 
of such sections of the Article. (Added by Ord. 
221-77, App. 6/9/77) 

SEC. 603.5. VIOLATION. 

(a) Any person, firm, association, corpora- 
tion, partnership or organization of any kind 
who shall violate any of the provisions of Section 
603.1 of this Article shall be guilty of a misde- 
meanor and upon conviction thereof shall be 
punished as follows: 

Violation Penalty 

First violation $ 25.00 

Second violation 50.00 

Third violation and subsequent 

violations within a six-month 

period 100.00 

(b) Any person, firm, association, corpora- 
tion, partnership or organization of any kind 
who shall violate Sections 603.2 or 603.3 of this 
Article shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished by a 
fine of not more than $100. (Added by Ord. 
221-77, App. 6/9/77) 

SEC. 603.6. EFFECTIVE PERIOD. 

The provisions of Sections 603.1, 603.2, 603.3 
and 603.5 of this Article shall cease to be in full 
force and effect upon the cancellation by Public 
Utilities Commission of the mandatory water 
conservation plan adopted on March 22, 1977 by 
Resolution No. 77-0136. (Added by Ord. 221-77, 
App. 6/9/77) 

SEC. 605. PROHIBITING SALE OR 
PURCHASE OF LOCK-OPENING 
DEVICES. 

(a) No person, corporation or business shall 
sell, deliver or otherwise transfer, or offer for 
sale, delivery or transfer, any picklock, crow, 



Sec. 605. 



San Francisco - Police Code 



256 



keybit, or other such instrument or tool designed 
to open, break into, tamper with or damage any 
lock, knowing or having reason to believe that it 
is intended to be used to break or enter into any 
building, structure or vehicle or to commit any 
other unlawful act. 

(b) No person, corporation or business shall 
buy or otherwise receive any picklock, crow, 
keybit, or other such instrument or tool designed 
to open, break into, tamper with or damage any 
lock, with the intent to use the same to break 
into or enter into any building, structure or 
vehicle or to commit any other unlawful act. 

(c) Nothing in this Section shall prohibit 
the sale, delivery or transfer of any item pro- 
scribed in Subdivision (a) by any person, corpo- 
ration or business lawfully engaged in the sale, 
manufacture or servicing of security products in 
the City and County of San Francisco. 

(d) Nothing in this Section shall prohibit 
the purchase or receipt of any item proscribed in 
Subdivision (b) by any: 

(i) Peace officer; 

(ii) Local, state or federal government em- 
ployee; 

(iii) Person, corporation or business law- 
fully engaged in the sale, manufacture or servic- 
ing of security products in the City and County of 
San Francisco (including, but not limited to, 
locksmiths or alarm installers); or 

(iv) Person, corporation or business who 
demonstrates a lawful reason for the use of said 
items in its profession. 

(e) Any person, corporation or business sell- 
ing, delivering or transferring, pursuant to Sub- 
division (c) of this Section, any item specified in 
Subdivision (a), shall obtain, on a form to be 
approved by the Chief of Police, together with 
the date of the purchase and the signature of the 
purchaser, the purchaser's: 

(i) Name; 
(ii) Address; 
(iii) Phone number; 

(iv) Driver's license or identification num- 
ber, if any; and, 

(v) A list of the items purchased. 



A copy of each such order shall be retained by 
the seller for a period of one year, and shall be 
open to inspection by any peace officer during 
business hours. 

(f) Any person, corporation or business who 
violates any provision of this Section is guilty of 
an infraction. (Added by Ord. 486-83, App. 9/29/ 
83) 

SEC. 607. POSSESSION OF SLING 
SHOTS OR METAL KNUCKLES 
PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to buy, sell, offer or expose for sale, 
barter, exchange, use or have the possession of 
any sling shot or metal knuckles. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 608. PROHIBITING SALE OF 
DARTS AND SIMILAR WEAPONS TO 
MINORS. 

It shall be unlawful for any person to sell, 
offer for sale, barter or exchange, or suffer, 
permit, authorize or allow any sale, barter or 
exchange, to minors under the age of 16 years of 
any darts or other pointed missile type weapons 
intended to be thrown by hand. (Added by Ord. 
218-58, App. 4/23/58) 

SEC. 609. PROHIBITING POSSESSION 
OF AND PURCHASE BY MINORS OF 
DARTS AND SIMILAR WEAPONS. 

It shall be unlawful for any minor under the 
age of 16 years to purchase, buy, or possess any 
darts or other pointed missile type weapons 
intended to be thrown by hand. 

Nothing in this Section shall prohibit the 
possession of dart games or similar type games 
in the home or by owners and operators of places 
of public amusement. (Added by Ord. 218-58, 
App. 4/23/58) 



Sees. 610 through 610.8. 

(Added by Ord. 175-68, App. 7/2/68; repealed by 

Ord. 329-00, File No. 001924, App. 12/28/2000) 



257 



Miscellaneous Conduct Regulations 



Sec. 613.2. 



SEC. 613. REGULATING SALE OF 
FIREARMS. 

It shall be unlawful for any person, firm, 
corporation or dealer engaging in the business of 
selling, leasing or otherwise transferring any 
firearm, firearms ammunition, or firearms am- 
munition component to sell, lease or otherwise 
transfer any firearm, firearms ammunition or 
firearms ammunition component without first 
having obtained a license from the San Francisco 
Police Department. The Department shall make 
available application forms requiring applicants 
to provide the information set forth in Section 
613.2, and shall collect a nonrefundable applica- 
tion fee from each applicant. 

The Chief of Police shall recommend to the 
Board of Supervisors, on or before April 1, 1994, 
a fee which shall be sufficient to recover all costs 
associated with regulating the sale of firearms 
under this Article, including but not limited to, 
processing applications, monitoring licensees, and 
enforcing the provisions of this Article. The fee 
shall be set by the Board of Supervisors. (Amended 
by Ord. 407-86, App. 10/3/86; Ord. 91-94, App. 
2/25/94; Ord. 290-95, App. 9/1/95; Ord. 260-04, 
File No. 031932, App. 11/4/2004) 

SEC. 613.1. DEFINITIONS.* 

(a) "Firearm" shall mean any device, de- 
signed to be used as a weapon or modified to be 
used as a weapon, that expels a projectile by the 
force of an explosion or other form of combustion. 

(b) "Firearm ammunition" shall mean any 
cartridge or encasement containing a bullet or 
projectile, propellent or explosive charge, and a 
primer which is used in the operation of a 
firearm. 

(c) "Firearm ammunition component" shall 
mean any cartridge or encasement, bullet or 
projectile, primer or propellent or explosive ma- 
terial used in the manufacture of ammunition. 

(d) "Firearm capable of being concealed upon 
the person" shall mean any such firearm as 
defined in California Penal Code Section 12001(a). 



(e) "Transfer" shall include, but shall not be 
limited to, the redemption of a pawned or pledged 
firearm by any individual including the indi- 
vidual who pawned or pledged the firearm. 

(f) "Ultracompact firearm" shall mean any 
pistol, revolver, handgun or other firearm that is 
6.75 inches or less in length or 4.5 inches or less 
in height, measured with the magazine de- 
tached, but shall not include any such firearm 
that is an unsafe handgun defined by Section 
12126 of the California Penal Code. (Added by 
Ord. 91-94, App. 2/25/94; amended by Ord. 225- 
96, App. 6/7/96; Ord. 283-96, App. 7/3/96; Ord. 
131-99, File No. 990493, App. 5/28/99; Ord. 62- 
00, File No. 000197, App. 4/14/2000; Ord. 242-00, 
File No. 000950, App. 10/27/2000; Ord. 260-04, 
File No. 031932, App. 11/4/2004) 

^Editor's Note: 

The provisions of Ord. 283-96 took effect on Janu- 
ary I, 1997. 

SEC. 613.2. APPLICATION FORM AND 
BACKGROUND CHECK REQUIREMENTS. 

(a) The application for a license to engage in 
the business of selling, leasing or otherwise 
transferring any firearm, firearms ammunition, 
or firearms ammunition component shall be signed 
under penalty of perjury and shall set forth: 

(1) The name, age and address of the appli- 
cant, as well as the name, age and address of all 
persons who will have access to or control of 
workplace firearms, firearm ammunition, or fire- 
arm ammunition components, including but not 
limited to, the applicant's employees, agents and 
or supervisors, if any; 

(2) The address of the location for which the 
license is required, together with the business 
name of such location, if any; 

(3) All convictions of the applicant for any of 
the offenses listed in Section 613.3(e); 

(4) All information relating to licenses or 
permits relating to firearms or other weapons 
sought by the applicant from other jurisdictions, 
including, but not limited to date of application 
and whether each such application resulted in 
issuance of a license; 



Sec. 613.2. 



San Francisco - Police Code 



258 



(5) All information relating to revocations 
of licenses or permits relating to firearms, includ- 
ing but not limited to date and circumstances of 
revocation; 

(6) Applicant's agreement to indemnify, de- 
fend, and hold harmless the City, its officers, 
agents, and employees, from and against any 
and all claims, losses, costs, damages and liabili- 
ties of any kind, arising in any manner out of the 
applicant's negligence or intentional or wilful 
misconduct; 

(7) Applicant's understanding that the City 
shall have the right to enter the building desig- 
nated in the license from time to time during 
regular business hours to make reasonable in- 
spections and to investigate and enforce compli- 
ance with building, mechanical, fire, electrical, 
plumbing, or health regulations, provisions of 
this Article, and all other applicable federal, 
state, and local laws. 

(b) Each application must be accompanied 
by evidence that the applicant has satisfied the 
insurance requirements stated in Section 613.13 
of this Article. 

(c) All persons listed on the application form 
as having access to, or control of, workplace 
firearms, firearm ammunition, or firearm ammu- 
nition components shall obtain a certificate of 
eligibility under Penal Code Section 12071 from 
the state Department of Justice. A copy of the 
certificate of eligibility for each such person shall 
be submitted with the application. 

(d) The Chief of Police shall conduct a crimi- 
nal history background check on the applicant 
and on all other persons listed on the application 
form as having access to, or control of, workplace 
firearms, firearm ammunition, or firearm ammu- 
nition components, including but not limited to, 
the applicant's employees, agents and/or super- 
visors, if any, and shall determine whether such 
persons have been convicted of any offenses 
described in subsection (e) of Section 613.3, or 
are among the persons described in subsections 
(f) or (g) of Section 613.3. Where the Chief of 
Police determines that one or more of the appli- 
cants, employees, agents or supervisors have 
been convicted of an offense described in subsec- 



tion (e) of Section 613.3, or are among the per- 
sons described in subsections (f) or (g) of Section 
613.3, the applicant shall have 21 days from the 
mailing of written notification from the Chief of 
Police to provide evidence in a form acceptable to 
the Chief of Police that such persons have been 
removed or reassigned so that they no longer 
have access to or control of workplace firearms, 
firearm ammunition, or firearm ammunition com- 
ponents. In the event that an applicant fails to 
comply with this subsection, the Chief of Police 
shall deny the license. 

(e) As used in this Section, the term "appli- 
cant" when the applicant is other than a natural 
person shall include any officer, director, em- 
ployee or agent of the applicant who has access 
to, or control of, workplace firearms, firearm 
ammunition, or firearm ammunition compo- 
nents. (Amended by Ord. 407-86, App. 10/3/86; 
Ord. 91-94, App. 2/25/94; Ord. 260-04, File No. 
031932, App. 11/4/2004) 

SEC. 613.3. DENIAL OF LICENSE. 

The Chief of Police shall deny the issuance or 
renewal of a license when any of the following 
conditions exist: 

(a) The applicant is under the age of 21 
years. 

(b) The applicant is not licensed as required 
by all applicable federal, State and local laws. 

(c) The applicant has had a firearms license 
previously revoked or denied for good cause 
within the immediately preceding two years. 

(d) The applicant has made a false or mis- 
leading statement of a material fact, or omission 
of a material fact, in the application for a license. 
If a license is denied on this ground, the appli- 
cant shall be prohibited from reapplying for a 
license for a period of two years. 

(e) The applicant has been convicted of: 

(1) Any offense so as to disqualify the appli- 
cant from owning or possessing a firearm under 
applicable federal, State, and local laws, includ- 
ing but not limited to the offenses listed in 
California Penal Code Section 12021; 



259 



Miscellaneous Conduct Regulations 



Sec. 613.5. 



(2) Any offense relating to the manufacture, 
sale, possession, use, or registration of any fire- 
arm or dangerous or deadly weapon; 

(3) Any offense involving the use of force or 
violence upon the person of another; 

(4) Any offense involving theft, fraud, dis- 
honesty, or deceit, including but not limited to 
any of the offenses listed in Title 7 (Crimes 
Against Public Justice) and title 13, Chapters 4 
(Forgery and Counterfeiting), 5 (Larceny), 6 (Em- 
bezzlement), 7 (Extortion), 8 (False Person- 
ation), 13 and 14 (Fraud) of the California Penal 
Code; 

(5) Any offense involving the manufacture, 
sale, possession or use of any controlled sub- 
stance as defined by the California Health and 
Safety Code as said definition now reads or may 
hereafter be amended to read. 

(f) The applicant is within the classes of 
persons defined in California Welfare and Insti- 
tutions Code Sections 8100 or 8103. 

(g) The applicant is (1) currently, or has 
been within the past two years, an unlawful user 
of any controlled substance as defined by the 
California Health and Safety Code as said defi- 
nition now reads or may hereafter be amended to 
read; or (2) an excessive user of alcohol, to the 
extent that such use would impair his or her 
fitness to be a dealer in firearms. 

(h) The operation of the business as pro- 
posed would not comply with all applicable fed- 
eral, State, and local laws. 

(i) The applicant, or an officer, employee, or 
agent thereof, proposes to operate in the follow- 
ing locations: 

(1) Within any RH, RM, RC, NC or RED 
zoning district, or within 1,000 feet of the exte- 
rior limits of any such district; 

(2) Within 1,000 feet of a public or private 
day care center or day care home, or within 1,000 
feet of any elementary, junior high or high school 
whether public or private; 

(3) On or within 1,500 feet of the exterior 
limits of any other premises used as a place of 
business by a dealer in firearms; 



(4) Within 1,000 feet of a community center, 
church, neighborhood center, recreational center, 
whether public or private, where regularly sched- 
uled activities are conducted for people under 18 
years of age. 

(j) The applicant, or an officer, employee or 
agent thereof does not have, and/or cannot pro- 
vide evidence of a possessory interest in the 
property at which the proposed business will be 
conducted. 

(k) Any other ground for denial exists under 
any applicable provision of federal, State or local 
law. 

(1) The applicant fails to comply with the 
requirements of subsections (c) or (d) of Section 
613.2. 

As used in this Section, the term "applicant" 
when the applicant is other than a natural 
person shall include any officer, director, em- 
ployee or agent of the applicant who has access 
to, or control of, workplace firearms, firearm 
ammunition, or firearm ammunition compo- 
nents. (Added by Ord. 91-94, App. 2/25/94; 
amended by Ord. 322-96, App. 8/8/96; Ord. 260- 
04, File No. 031932, App. 11/4/2004) 

SEC. 613.4. REFERRAL OF 
APPLICATION TO OTHER 
DEPARTMENTS. 

Upon receiving an application that is not 
rejected for one of the reasons stated in Section 
613.3, the Police Department shall refer the 
application to the Bureau of Building Inspection, 
the Fire Department, and the City Planning 
Department, which departments shall inspect 
the premises to be used for the sale of conceal- 
able firearms and shall report to the Police 
Department concerning compliance with the codes 
they administer, and compliance with this Ar- 
ticle. (Added by Ord. 161-75, App. 4/23/75; 
amended by Ord. 91-94, App. 2/25/94) 

SEC. 613.5. PUBLIC HEARING BEFORE 
ISSUANCE OF LICENSE. 

When an application is filed for a license 
under this Article, and the application is not 
denied for one of the reasons stated in Section 



Sec. 613.5. 



San Francisco ■ Police Code 



260 



613.3, the Police Department shall fix a time and 
place for a public hearing regarding the applica- 
tion. Not less than 10 days before the date of 
such hearing, the Police Department shall cause 
to be posted a notice of such hearing in a con- 
spicuous place on the property in which the 
proposed business is to be operated and the 
applicant shall maintain said notice as posted 
until the day following the hearing. (Added by 
Ord. 161-75, App. 4/23/75; amended by Ord. 
91-94, App. 2/25/94) 

SEC. 613.6. FORM OF LICENSE. 

All licenses issued pursuant to this Article 
shall be in the form prescribed by the Attorney 
General of the State of California. (Added by 
Ord. 91-94, App. 2/25/94) 

SEC. 613.7. DURATION AND RENEWAL 
OF LICENSES. 

All licenses issued pursuant to this Article 
shall expire one year after the date of issuance; 
provided, however, that such licenses may be 
renewed by the Chief of Police for additional 
periods of one year upon the approval of an 
application for renewal by the Chief of Police and 
payment of the renewal fee. Such renewal appli- 
cation shall set forth the information listed in 
Section 613.2 and must be received by the Chief 
of Police, in completed form, no later than 45 
days prior to the expiration of the current li- 
cense. (Added by Ord. 91-94, App. 2/25/94) 

SEC. 613.8. NONASSIGNABILITY OF 
LICENSE. 

The assignment or attempt to assign any 
license issued pursuant to this Article is unlaw- 
ful and any such assignment or attempt to as- 
sign a license shall render the license null and 
void. (Added by Ord. 91-94, App. 2/25/94) 

SEC. 613.9. SECURITY. 

In order to discourage the theft of firearms 
stored on the premises of a firearms dealer, each 
business licensed under this Article must adhere 



to security measures as required by the Chief of 
Police. Security measures shall include but not 
be limited to: 

(a) Provision of secure locks, windows and 
doors, adequate lighting, and alarms as specified 
by the Chief of Police; 

(b) Storage of all firearms on the premises 
out of the reach of customers in secure, locked 
facilities, so that access to firearms shall be 
controlled by the dealer or employees of the 
dealer, to the exclusion of all others. (Added by 
Ord. 91-94, App. 2/25/94) 

SEC. 613.10. LICENSE— CONDITIONS.* 

In addition to all other requirements and 
conditions stated in this Article, each license 
shall be subject to all of the following conditions, 
the breach of any of which shall be sufficient 
cause for revocation of the license by the Chief of 
Police: 

(a) The business shall be carried on only in 
the building located at the street address shown 
on the license, except as otherwise authorized 
under Section 12071(b)(1) of the California Penal 
Code. 

(b) The licensee shall comply with Sections 
12073, 12074, 12076, 12077 and 12082 of the 
California Penal Code, to the extent that the 
provisions remain in effect. 

(c) The licensee shall not deliver any pistol 
or revolver to a purchaser earlier than 10 days 
after the application for the purchase, lease or 
transfer, unless otherwise provided by State or 
federal law. 

(d) The licensee shall not deliver any fire- 
arm to a purchaser, lessee or other transferee 
unless the firearm is unloaded and securely 
wrapped or unloaded in a locked container. 

(e) The licensee shall not deliver any fire- 
arm, firearm ammunition, or firearm ammuni- 
tion component to a purchaser, lessee or other 
transferee unless the purchaser, lessee or other 
transferee presents clear evidence of his or her 
identity and age to the seller. As used in this 
Section, "clear evidence of his or her identity and 
age" includes, but is not limited to, a motor 
vehicle operator's license, a State identification 



261 



Miscellaneous Conduct Regulations 



Sec. 613.10. 



card, an armed forces identification card, an 
employment identification card which contains 
the bearer's signature and photograph, or any 
similar documentation which provides the seller 
reasonable assurance of the identity and age of 
the purchaser. 

(f) The licensee shall not display in any part 
of the premises where it can be readily seen from 
outside the premises, any firearm, firearm am- 
munition or imitation thereof, or placard adver- 
tising the sale or other transfer thereof, other 
than a sign identifying the name of the business. 

(g) The licensee shall not sell, lease or oth- 
erwise transfer to any person any ammunition 
that: 

(1) Serves no sporting purpose; 

(2) Is designed to expand upon impact and 
utilize the jacket, shot or materials embedded 
within the jacket or shot to project or disperse 
barbs or other objects that are intended to in- 
crease the damage to a human body or other 
target (including, but not limited to, Winchester 
Black Talon, Speer Gold Dot, Federal Hydra- 
Shok, Hornady XTP, Eldorado Starfire, Hollow 
Point Ammunition and Remington Golden Sabre 
ammunition; or 

(3) Is designed to fragment upon impact 
(including, but not limited to, Black Rhino bul- 
lets and Glaser Safety Slugs). 

This subsection does not apply to conven- 
tional hollow-point ammunition with a solid lead 
core when the purchase is made for official law 
enforcement purposes and the purchaser is au- 
thorized to make such a purchase by the director 
of a public law enforcement agency such as the 
Chief of the San Francisco Police Department or 
the Sheriff of the City and County of San Fran- 
cisco. 

(h) The licensee shall post within the 
licensee's premises a notice stating the following: 

"THE CALIFORNIA PENAL CODE PROHIB- 
ITS THE SALE OF FIREARMS OR FIRE- 
ARMS AMMUNITION TO PERSONS UN- 
DER THE AGE OF 18, AND FURTHER 
GENERALLY PROHIBITS THE SALE OF A 
PISTOL, REVOLVER, OR FIREARM CA- 



PABLE OF BEING CONCEALED UPON THE 
PERSON TO ANY PERSON UNDER THE 
AGE OF 21." 

The posted notice shall be in a conspicuous 
location, shall be in 36 point type block letters in 
black ink on a white background, and shall be 
located so that the notice can easily and clearly 
be seen by all prospective purchasers of firearms 
and firearm ammunition. 

(i) The licensee shall not sell, lease or oth- 
erwise transfer any ultracompact firearm except 
as authorized by Section 613.10-2 or any 50 
caliber firearm or 50 caliber cartridge except as 
authorized by Section 613.10-1. 

(j) Any license issued pursuant to this Ar- 
ticle shall be subject to such additional condi- 
tions as the Chief of Police finds are reasonably 
related to the purpose of this Article. 

(k) The licensee shall comply with the re- 
quirements of Section 613.10-3 and shall, in 
addition, post the appropriate notice or notices, 
as specified below, in a conspicuous location at 
the entrance of the licensee's premises (or at the 
entrance to the separate room or, enclosure pur- 
suant to Section 613.10-3(c)). Such notice shall 
be in 36 point type block letters in black ink on a 
white background. 

(1) Licensees that sell, lease or otherwise 
transfer firearms, other than firearms capable of 
being concealed on the person, shall post a notice 
at the entrance to the premises (or at the en- 
trance to the separate room or enclosure pursu- 
ant to Section 613.10-3(c)) stating the following: 

"THE SAN FRANCISCO POLICE CODE RE- 
QUIRES THAT FIREARMS DEALERS PRO- 
HIBIT ENTRY BY PERSONS UNDER AGE 
18, AND FURTHER PROHIBITS ENTRY BY 
(1) PERSONS CONVICTED OF A VIOLENT 
OFFENSE WHO ARE PROHIBITED FROM 
POSSESSING FIREARMS PURSUANT TO 
CALIFORNIA PENAL CODE SECTIONS 
12021 OR 12021.1; AND (2) PERSONS WHO 
ARE CURRENTLY PROHIBITED FROM POS- 
SESSING FIREARMS BECAUSE THEY HAVE 
BEEN ADJUDICATED AS MENTALLY DIS- 



Supp. No. 10, July/August 2007 



Sec. 613.10. 



San Francisco - Police Code 



262 



ORDERED, NOT GUILTY BY REASON OF 
INSANITY OR INCOMPETENT TO STAND 
TRIAL." 

(2) Licensees that sell, lease or otherwise 
transfer firearms capable of being concealed on 
the person shall post a notice at the entrance to 
the premises (or at the entrance to the separate 
room or enclosure containing such firearms pur- 
suant to Section 613.10-3(c)) stating the follow- 
ing: 

"THE SAN FRANCISCO POLICE CODE RE- 
QUIRES THAT FIREARMS DEALERS PRO- 
HIBIT ENTRY BY PERSONS UNDER AGE 
21, AND FURTHER PROHIBITS ENTRY BY 
(1) PERSONS CONVICTED OF A VIOLENT 
OFFENSE WHO ARE PROHIBITED FROM 
POSSESSING FIREARMS PURSUANT TO 
CALIFORNIA PENAL CODE SECTIONS 
12021 OR 12021.1; AND (2) PERSONS WHO 
ARE CURRENTLY PROHIBITED FROM POS- 
SESSING FIREARMS BECAUSE THEY HAVE 
BEEN ADJUDICATED AS MENTALLY DIS- 
ORDERED, NOT GUILTY BY REASON OF 
INSANITY OR INCOMPETENT TO STAND 
TRIAL." 

(3) Licensees that sell, lease or otherwise 
transfer firearms capable of being concealed on 
the person, but who keep such firearms in a 
separate room or enclosure in accordance with 
Section 613.10-3(c) shall post the notice required 
by paragraph (1) at the entrance to the premises 
or separate room or enclosure containing fire- 
arms that are not capable of being concealed on 
the person, and shall post the notice required by 
paragraph (2) at the entrance to the separate 
room or enclosure containing firearms capable of 
being concealed on the person. 

(1) The licensee shall notify the Chief of 
Police of the name, age and address of, and 
submit a certificate of eligibility under Penal 
Code Section 12071 from the State Department 
of Justice for, any person not listed on the 
licensee's application under Section 613.2(a)(1) 
who will be given access to, or control of, work- 



place firearms, firearm ammunition, or firearm 
ammunition components. The licensee shall sub- 
mit the required information and certificate within 
10 days of such person being employed or other- 
wise being given access to, or control over work- 
place firearms, firearm ammunition, or firearm 
ammunition components. 

(m) Within the first five business days of 
April and October of each year, licensees shall 
cause a physical inventory to be taken that 
includes a listing of each firearm held by the 
licensee by make, model, and serial number, 
together with a listing of each firearm the lic- 
ensee has sold since the last inventory period. In 
addition, the inventory shall include a listing of 
each firearm lost or stolen that is required to be 
reported pursuant to Penal Code Section 
12071(b)(13). Licensees shall maintain a copy of 
the inventory on the premises for which the 
license was issued. Immediately upon comple- 
tion of the inventory, licensees shall forward a 
copy of the inventory to the address specified by 
the Chief of Police, by such means as specified by 
the Chief of Police. With each copy of the inven- 
tory, licensees shall include an affidavit signed 
by the licensee (or, if the licensee is not a natural 
person, by an officer, general manager, or other 
principal of the licensee) stating under penalty of 
perjury that within the first five business days of 
that April or October, as the case may be, the 
signer personally confirmed the presence of the 
firearms reported on the inventory. (Added by 
Ord. 91-94, App. 2/25/94; amended by Ord. 290- 
95, App. 9/1/95; Ord. 225-96, App. 6/11/96; Ord. 
283-96, App. 7/3/96; Ord. 62-00, File No. 000197, 
App. 4/14/2000; Ord. 242-00, File No. 000950, 
App. 10/27/2000; Ord. 260-04, File No. 031932, 
App. 11/4/2004; Ord. 192-07, File No. 070684, 
App. 8/1/2007) 
^Editor's Note: 

The provisions of Ord. 283-96 took effect on Janu- 
ary I, 1997. 



Supp. No. 10, July/August 2007 



262.1 Miscellaneous Conduct Regulations Sec. 613.10-1. 



SEC. 613.10-1. SALE OR TRANSFER OF 
50 CALIBER FIREARMS AND 
CARTRIDGES RESTRICTED. 

(a) Findings. The Board of Supervisors finds 
as follows: 

(1) Fifty caliber rifles are military-style fire- 
arms, used by armed forces around the world, 
which combine long range, accuracy and massive 
power. Fifty caliber rifles are accurate to dis- 
tances of 1,000 to 2,000 yards (10 to 20 football 
fields), depending on the skill of the shooter, and 
can penetrate armored vehicles, disable aircraft 
and damage industrial targets, such as refiner- 
ies and hazardous chemical plants. The dangers 
of these weapons are detailed in "Voting from the 
Rooftops: How the Gun Industry Armed Osama 
bin Laden, other Foreign and Domestic Terror- 
ists, and Common Criminals with 50 Caliber 
Sniper Rifles," Violence Policy Center (2001). 

(2) Fifty caliber rifles and ammunition are 
proliferating on the civilian market in the United 
States. 

(3) In a briefing paper dated August 4, 
1999, the United States General Accounting Of- 
fice concluded that 50 caliber rifles have been 
associated with significant criminal activity, stat- 
ing "Our investigation revealed that 50 caliber 
semiautomatic rifles have been linked to domes- 
tic and international criminal activity. We have 
established a nexus to terrorist groups, outlaw 



Supp. No. 10, July/August 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 10, July/August 2007 



263 



Miscellaneous Conduct Regulations 



Sec. 613.10-1. 



motorcycle gangs, international drug cartels, do- 
mestic drug dealers, religious cults, militia groups, 
potential assassins, and violent criminals." 

(4) California Penal Code Sections 12303.6 
and 12304 currently prohibit the sale of destruc- 
tive devices, defined to include weapons of a 
caliber greater than 60 caliber and any ammu- 
nition therefor. In addition, recognizing the dan- 
ger posed by 50 caliber rifles, the Legislature 
recently passed, and the Governor has signed, 
legislation restricting the sale and transfer and 
tracking the ownership of, 50 caliber rifles; 

(5) The City and County of San Francisco 
has a high concentration of potential targets for 
terrorist attacks; 

(6) The firearms industry has recently in- 
troduced a 50 caliber handgun, and reports indi- 
cate that it is difficult to control and fires with 
five times the muzzle power of a .357 magnum 
handgun; 

(7) A recent analysis of data published by 
the manufacturer of this 50 caliber handgun and 
ballistics test data published in American Rifle- 
man magazine indicate that bullets fired from 
the handgun may be capable of penetrating Type 
IIIAbody armor, the highest grade of concealable 
body armor normally worn by law enforcement 
officers in the field. The dangers of these weap- 
ons are detailed in "Vest Buster: The .500 Smith 
& Wesson Magnum — The Gun Industry's Latest 
Challenge to Law Enforcement Body Armor," 
Violence Policy Center (2004); 

(8) Fifty caliber firearms have no legitimate 
hunting or sporting purpose in the City and 
County of San Francisco. Further, such firearms 
are ill-suited for use as a means to defend one's 
home or property, since they are difficult to 
control, greatly increase the risk of harm to 
bystanders, and the firepower greatly exceeds 
that which is necessary to protect property or 
homeowners; 

(9) The Board of Supervisors hereby finds 
and declares that the uncontrolled proliferation 
and use of 50 caliber firearms and ammunition 
poses an unacceptable threat to the health, safety 
and security of the public. 



(b) Purpose and Intent. The purpose and 
intent of this Section is to protect the health, 
safety, security and general welfare of the citi- 
zens of the City and County of San Francisco and 
the City's law enforcement personnel by reduc- 
ing the risk of personal injury, death or property 
damage caused by 50 caliber firearms. Specifi- 
cally with respect to regulating 50 caliber hand- 
guns, it is the purpose and intent of this Section 
to protect of the citizens of the City and County 
of San Francisco and the City's law enforcement 
personnel by reducing the risk of personal injury, 
death or property damage caused by persons 
using 50 caliber handguns. It is not the intent of 
this Section to address the problem of handgun 
safety, as addressed, for example in Sections 
12125 through 12133 of the California Penal 
Code, or to otherwise regulate 50 caliber hand- 
guns based on consumer product safety consid- 
erations for the person using the handgun. 

(c) Definitions. 

(1) As used in this section, the term "50 
caliber firearm" shall mean any firearm, as de- 
fined in Section 613.1 of this Article, capable of 
firing a center-fire 50 caliber cartridge. 

(2) As used in this section, the term "50 
caliber cartridge" shall mean a firearm ammuni- 
tion cartridge in 50 caliber, either by designation 
or actual measurement, or any metric equiva- 
lent, including but not limited to a .50 BMG 
cartridge, that is capable of being fired from a 
centerfire rifle or a handgun. The term "50 
caliber cartridge" does not include any memora- 
bilia or display item that is filled with a perma- 
nent inert substance or that is otherwise perma- 
nently altered in a manner that prevents ready 
modification for use as live ammunition. 

(3) As used in this section, the term "rifle" 
shall mean any firearm that is designed or 
redesigned, made or remade, and intended to be 
fired from the shoulder, and which is designed or 
redesigned, made or remade to use the energy in 
a fixed cartridge to fire only a single projectile 
through a rifled bore for each single pull of the 
trigger. The term "rifle" shall not include any 
shotgun. 



Sec. 613.10-1. 



San Francisco - Police Code 



264 



(4) As used in this section, the term "hand- 
gun" shall mean any firearm with a barrel less 
than 16 inches in length. The term "handgun" 
shall include any pistol, revolver, or concealable 
firearm as such terms are defined in the Califor- 
nia Penal Code. 

(d) Sale or Transfer of 50 Caliber Fire- 
arms and Cartridges Restricted. No person 
shall sell, give, transfer, offer for sale or display 
for sale any 50 caliber firearm or 50 caliber 
cartridge except as authorized by paragraph (e) 
of this Section. 

(e) Exceptions. 

(1) The provisions of Subsection (d) of this 
Section shall not apply to: 

(A) the sale or other transfer of a 50 caliber 
firearm or 50 caliber cartridge which is prohib- 
ited under state law, including, but not limited 
to, the sale or transfer of any assault weapon as 
defined in the California Penal Code; 

(B) the sale or other transfer of a 50 caliber 
firearm which is an antique firearm, as defined 
in paragraph (16) of subsection (a) of Section 921 
of Title 18 of the United States Code; 

(C) the delivery of a 50 caliber firearm to a 
licensed gunsmith, as defined in California Pe- 
nal Code Section 1200 l(r), or to a person licensed 
pursuant to California Penal Code Section 12071, 
for purposes of service or repair, or to the return 
of the firearm to its owner by the gunsmith or the 
licensee following the completion of service or 
repairs; 

(D) the return of a 50 caliber firearm to its 
owner by a person licensed pursuant to this 
Article where the firearm was initially delivered 
to the licensee for the purpose of a consignment 
sale or as collateral for a pawnbroker loan; or 

(E) the offer for sale or display in any peri- 
odical, solicitation by mail or use of the internet 
of a 50 caliber firearm or 50 caliber cartridge by 
any person or entity where the seller or offeror is 
located outside of the City and County of San 
Francisco. 

(F) the loan of an unloaded 50 caliber fire- 
arm to a person for use solely as a prop in a 
motion picture, television, video, theatrical or 



other entertainment production or event, pro- 
vided that such person is in compliance with 
Section 12081 of the California Penal Code. 

(2) The provisions of Subsection (d) of this 
Section shall not apply to the sale or other 
transfer of a 50 caliber firearm or 50 caliber 
cartridge where the purchaser or transferee is 
any of the following: 

(A) A law enforcement agency; 

(B) An agency duly authorized to perform 
law enforcement duties; 

(C) A state or local correctional facility; 

(D) A federal law enforcement officer, pro- 
vided such law enforcement officer is authorized 
to acquire a 50 caliber firearm and/or 50 caliber 
cartridges and does so while acting within the 
course and scope of his or her employment: 

(E) A person described in Sections 12302 or 
12322(a) of the California Penal Code; provided 
such person is authorized to acquire a 50 caliber 
firearm and/or 50 caliber cartridges and does so 
while acting within the course and scope of his or 
her employment; 

(F) A person who is properly identified as a 
full-time paid peace officer as defined in Sections 
830.1, 830.2, 830.4, or 830.5 of the California 
Penal Code, provided such peace officer is autho- 
rized to acquire a 50 caliber firearm and/or 50 
caliber cartridge and does so while acting within 
the course and scope of his or her employment; 

(G) A firearms dealer who has been issued a 
Federal Firearms License, and who is in compli- 
ance with the requirements of Section 12071 of 
the California Penal Code, 

(H) A person or entity conducting a trans- 
action described in subdivision (k) of Section 
12078 of the California Penal Code: 

(I) A person acquiring a 50 caliber firearm 
or 50 caliber cartridge by bequest or intestate 
succession, or otherwise by operation of law, 
provided that such firearms or cartridges are 
transferred to a law enforcement agency or to a 
person licensed pursuant to California Penal 
Code Section 12071 within 12 months from the 
date that the person obtains title; 



265 



Miscellaneous Conduct Regulations 



Sec. 613.10-2. 



(J) A non-profit entity that is authorized to 
destroy firearms, and which has agreed to de- 
stroy the firearm being transferred; 

(K) A federal, state, or local historical soci- 
ety, museum, or institutional collection that is 
open to the public; provided that the 50 caliber 
firearm is used for display purposes, is unloaded, 
and is secured from unauthorized uses. 

(f) Penalties. 

(1) Violation of this Section shall be punish- 
able as a misdemeanor. In addition, in the case of 
a violation of this section by a firearms dealer 
licensed under this Article, each violation of this 
Section shall constitute grounds for suspension 
or revocation of the licensee's firearms dealer 
license. 

(2) Each transaction in violation of this 
Section shall be deemed a distinct and separate 
violation. 

(g) Sunset Provision. If the State of Cali- 
fornia enacts legislation prohibiting or restrict- 
ing the sale or transfer of 50 caliber rifles, 50 
caliber handguns, or 50 caliber cartridges cov- 
ered by this section, the requirements of this 
Section shall be suspended as of the date such 
legislation goes into effect with respect to any 
requirements of this Section that apply to the 
firearms or cartridges prohibited or restricted by 
state law. If the State of California subsequently 
repeals any such legislation, the suspension shall 
expire by operation of law and the previously 
suspended provisions shall become operative. 
(Added by Ord. 283-96, App. 7/13/96; amended 
by Ord. 260-04, File No. 031932, App. 11/4/2004) 
^Editor's Note: 

The provisions of Ord. 283-96 took effect on Janu- 
ary 1, 1997. 

SEC. 613.10-2. SALE OF 
ULTRACOMPACT FIREARMS 
RESTRICTED. 

(a) Findings. The Board of Supervisors finds 
as follows: 

(1) A number of other states have enacted 
legislation to facilitate the issuance of licenses to 
carry concealed firearms with the result that 
firearms manufacturers have been designing and 



marketing ultracompact handguns to respond to 
the development of the market created by the 
relaxation of concealed weapons laws in these 
states. 

(2) These ultracompact handguns are de- 
signed to allow the complete concealment of the 
weapon on the person. 

(3) In contrast to those states that have 
relaxed requirements for issuance of licenses to 
carry concealed weapons, California has not done 
so. Moreover, in San Francisco, permits to carry 
concealed weapons are issued only in very lim- 
ited circumstances. There are currently fewer 
than ten individuals authorized by the City to 
carry concealed weapons. 

(4) Because concealed weapons permits are 
rarely issued in San Francisco, any legitimate 
market for concealable ultracompact handguns 
is exceedingly small. 

(5) Ultracompact handguns have no legiti- 
mate hunting or sporting purpose, and are ill- 
suited for use as a means to defend one's home or 
property, since the short barrel length makes 
them inherently inaccurate. 

(6) A national study of weapons confiscated 
by law enforcement agencies found that a sub- 
stantial majority of the handguns confiscated 
have a barrel length of less than three inches. 

(7) A survey of incarcerated felons found 
that easy concealment is very often an important 
consideration in the selection of handguns that 
are later used to commit crimes. 

(8) A study of persons in California found 
that persons whose applications for the purchase 
of a handgun were denied based on prior crimi- 
nal activity were more likely to attempt to pur- 
chase small, highly concealable handguns than 
are potential purchasers whose applications were 
not denied. 

(9) A study of handgun owners in one state 
found that 67 percent of felons but just 30 
percent of other handgun owners reported own- 
ing a handgun with a barrel length of three 
inches or less. 

(10) Because there is evidence that crimi- 
nals prefer smaller, more concealable handguns, 
and since handguns are used in at least 80 



Sec. 613.10-2. 



San Francisco - Police Code 



266 



percent of all violent crimes involving firearms 
in the United States, the public interest is not 
served by allowing the unregulated sale of easily 
concealable ultracompact handguns. The conceal- 
ability of these weapons makes them a high 
public security and safety risk when owned and 
carried by individuals unlicensed to carry con- 
cealed weapons, particularly in a high-density 
urban area such as San Francisco. 

(11) The dangers of ultracompact firearms 
are further detailed in "Pocket Rockets — The 
Gun Industry's Sale of Increased Killing Power," 
Violence Policy Center (2001). 

(b) Purpose and Intent. The purpose and 
intent of this Section is to protect the health, 
safety, and general welfare of the citizens of the 
City and County of San Francisco by reducing 
the potential for death or injury to citizens and 
law enforcement personnel attributable to ultra- 
compact firearms. It is not the intent of this 
Section to address the problem of handgun safety, 
as addressed, for example, in Sections 12125 
through 12133 of the California Penal Code, or to 
otherwise regulate ultracompact firearms based 
on consumer product safety considerations for 
the person using the firearm. 

(c) Sale of Ultracompact Firearms Re- 
stricted. No person licensed pursuant to this 
Article shall sell, lease or otherwise transfer any 
ultracompact firearm except as authorized by 
paragraph (d) of this Section. Nothing in this 
section shall preclude any person licensed pur- 
suant to this Article from processing firearms 
transactions between unlicensed parties pursu- 
ant to subdivision (d) of Section 12072 of the 
Penal Code of the State of California. 

(d) Exceptions. The requirements of this 
Section shall not apply to the sale, lease or other 
transfer of an ultracompact firearm in the fol- 
lowing circumstances: 

(1) To any law enforcement agency; 

(2) To any agency duly authorized to per- 
form law enforcement duties; 

(3) To any state or local correctional facility; 



(4) To a federal law enforcement officer, 
provided such law enforcement officer is autho- 
rized to acquire an ultracompact firearm and 
does so while acting within the course and scope 
of his or her employment; 

(5) To a private security company licensed 
to do business in the State of California; 

(6) To a person described in Sections 12302 
or 12322(a) of the California Penal Code, pro- 
vided such person is authorized to acquire an 
ultracompact firearm and does so while acting 
within the course and scope of his or her employ- 
ment; 

(7) To any person who is properly identified 
as a full-time paid peace officer, as defined in 
Sections 830.1, 830.2, 830.4, or 830.5 of the 
California Penal Code, provided such peace of- 
ficer is authorized to acquire an ultracompact 
firearm and does so while acting within the 
course and scope of his or her employment. 

(8) To the sale, lease or other transfer of any 
antique firearm., as defined in paragraph (16) of 
subsection (a) of Section 921 of Title 18 of the 
United States Code. 

(9) To the loan of an ultracompact firearm 
to a person for use solely as a prop in a motion 
picture, television, or video, theatrical or other 
entertainment production or event, provided that 
such person is in compliance with Section 12081 
of the California Penal Code; 

(10) To any person or entity conducting a 
transaction that is exempt from the provisions of 
subdivision (d) of Section 12072 of the California 
Penal Code; 

(11) To any person or entity conducting a 
transaction described in subdivision (k) of Sec- 
tion 12078 of the California Penal Code; 

(12) To a firearms dealer who has been 
issued a Federal Firearms License, and who is in 
compliance with the requirements of Section 
12071 of the California Penal Code; 

(13) To any person or entity acquiring an 
ultracompact firearm by bequest, intestate suc- 
cession or otherwise by operation of law; 



267 



Miscellaneous Conduct Regulations 



Sec. 613.10-3. 



(14) To a non-profit entity that is autho- 
rized to destroy firearms, and which has agreed 
to destroy the firearm being transferred 

(15) To a federal, state, or local historical 
society, museum, or institutional collection that 
is open to the public, provided that the ultracom- 
pact firearm is used for display purposes, is 
unloaded, and is secured from unauthorized use; 

(16) To the delivery of an ultracompact fire- 
arm to a licensed gunsmith, as defined in Cali- 
fornia Penal Code Section 1200 l(r), or to a per- 
son licensed pursuant to California Penal Code 
Section 12071, for purposes of service or repair, 
or to the return of the firearm to its owner by the 
gunsmith or by licensee following the completion 
of service or repairs; 

(17) To the return of an ultracompact fire- 
arm to its owner by a person licensed pursuant to 
this Article where the firearm was initially de- 
livered to the licensee for the purpose of a 
consignment sale or as collateral for a pawnbro- 
ker loan. 

(e) Penalties. 

(1) Violation of this section shall be punish- 
able as a misdemeanor. In addition, each viola- 
tion of this Section shall constitute grounds for 
suspension or revocation of the licensee's fire- 
arms dealer license under this Article. 

(2) Each transaction in violation of this 
Section shall be deemed a distinct and separate 
violation. (Added by Ord. 62-00, File No. 000197, 
App. 4/14/2000; amended by Ord. 260-04, File 
No. 031932, App. 11/4/2004) 

SEC. 613.10-3. PERSONS PROHIBITED 
FROM PURCHASING FIREARMS NOT 
PERMITTED ON LICENSEES' PREMISES. 

(a) No person who is prohibited from pos- 
sessing or purchasing firearms pursuant to Cali- 
fornia Penal Code Sections 12021 or 12021.1 or 
Subsections (a), (b), (c) or (d) of California Wel- 
fare and Institutions Code Sections 8103 shall 
enter into any place of business that is licensed 
pursuant to this Article to engage in the business 
of selling, leasing or otherwise transferring fire- 



arms and which displays the notices required by 
Section 613.10(k), except in accordance with para- 
graph (c) of this Section. 

(b) (1) No person licensed pursuant to this 
Article to sell, lease or otherwise transfer fire- 
arms shall permit the entry onto the premises 
that are the subject of the license by any person 
who the licensee knows or has reason to know is 
prohibited from possessing or purchasing fire- 
arms pursuant to California Penal Code Sections 
12021 or 12021.1, or Subsections (a), (b), (c) or 
(d), of California Welfare and Institutions Code 
Section 8103, except in accordance with para- 
graph (c) of this Section. 

(2) No person licensed pursuant to this Ar- 
ticle to sell, lease or otherwise transfer firearms 
shall permit the entry onto the premises that are 
the subject of the license by any person under 18 
years of age except in accordance with paragraph 
(c) of this section. No person licensed pursuant to 
this Article to sell, lease or otherwise transfer 
firearms and who keeps or displays for sale, 
lease or other transfer firearms capable of being 
concealed on the person shall permit the entry 
onto the premises that are the subject of the 
license by any person under 21 years of age, 
except in accordance with paragraph (c) of this 
section. 

(3) The licensee and any of his or her agents, 
employees or other persons acting under the 
licensee's authority shall be responsible for re- 
quiring clear evidence of age and identity of 
persons to prevent the entry of persons not 
permitted to purchase a firearm under state law 
by reason of age. Clear evidence of age and 
identity includes, but is not limited to, a motor 
vehicle operator's license, a State identification 
card, an armed forces identification card, or an 
employment identification card which contains 
the bearer's signature, photograph, and age, or 
any similar documentation which provides rea- 
sonable assurance of the identity and age of the 
individual. 

(c) Exceptions. 

(1) It shall not be a violation of this section 
for any person who is otherwise prohibited pur- 
suant to subsection (a) from entering or being 



Sec. 613.10-3. 



San Francisco - Police Code 



268 



present on the premises to enter or be present on 
the premises if the firearms and related accesso- 
ries (including, but not limited to, ammunition, 
ammunition clips and holsters) are kept or dis- 
played within a separate room or enclosure that 
separates such firearms and related accessories 
from other merchandise, and such persons are 
excluded from the separate room or enclosure. 

(2) It shall not be a violation of this section 
for any person who the licensee is otherwise 
required to keep from entering or being present 
on the premises pursuant to subsection (b) to 
enter or be present on the premises if the fire- 
arms and related accessories (including, but not 
limited to ammunition, ammunition clips and 
holsters) are kept or displayed within a separate 
room or enclosure that separates such firearms 
and related accessories from other merchandise, 
and such persons are excluded from the separate 
room or enclosure. Where a licensee keeps or 
displays weapons capable of being concealed on 
the person in a separate roam or enclosure that 
separates such firearms and related accessories, 
including, but not limited to, ammunition, am- 
munition clips and holsters) from other merchan- 
dise (including other firearms), it shall not be a 
violation of this section for persons at least 18 
years old but less than 21 years old to enter or be 
present on the premises if such persons are 
excluded from the separate room or enclosure 
containing firearms capable of being concealed 
on the person. 

(d) Penalty for violation. 

(1) Any person who is prohibited from pos- 
sessing or purchasing firearms pursuant to Cali- 
fornia Penal Code Sections 12021 or 12021.1 or 
Subsections (a), (b), (c) or (d) of California Wel- 
fare and Institutions Code Section 8103 and who 
knowingly enters into any place of business that 
is licensed pursuant to this Article to engage in 
the business of selling, leasing or otherwise 
transferring firearms in violation of subsection 
(a) shall be guilty of a misdemeanor. 

(2) Any licensee or other person acting un- 
der the authority of a licensee, including, but not 
limited to, employees or agents of a licensee, who 
knowingly allows a person to enter the licensee's 



premises in violation of this section shall be 
guilty of a misdemeanor. (Added by Ord. 242-00, 
File No. 000950, App. 10/27/2000; amended by 
Ord. 260-04, File No. 031932, App. 11/4/2004) 

SEC. 613.11. LICENSE— GROUNDS FOR 
REVOCATION. 

In addition to any other provisions of this 
Article, any circumstances constituting grounds 
for denial of a license shall also constitute grounds 
for revocation of a license. (Added by Ord. 91-94, 
App. 2/25/94) 

SEC. 613.12. HEARING ON LICENSE 
DENIAL OR REVOCATION. 

(a) Any person whose application for a li- 
cense under this Article has been denied, or 
whose license has been revoked pursuant to the 
provisions of this Article, shall have the right to 
a hearing before the Chief of Police or his or her 
designee prior to final denial or prior to revoca- 
tion. 

(b) The Chief of Police shall give the appli- 
cant or licensee written notice of the intent to 
deny the application or to revoke the license. The 
notice shall set forth the ground or grounds for 
the Chief of Police's intent to deny the applica- 
tion or to revoke the license, and shall inform the 
applicant or licensee that he or she has 10 days 
from the date of mailing of the notice to file a 
written request for a hearing. The application 
may be denied or the license revoked if a written 
hearing request is not received within the 10-day 
period. 

(c) If the applicant or licensee files a timely 
hearing request, the Chief of Police shall set a 
time and place for the hearing. All parties in- 
volved shall have the right to (1) offer testimo- 
nial, documentary and tangible evidence bearing 
on the issues; (2) be represented by counsel; and 
(3) confront and cross examine any witnesses 
against them. If the hearing is before a designee 
of the Chief of Police, the designee shall make a 
written recommendation following the hearing 
regarding whether an application should be de- 
nied or a license revoked. The decision of the 
Chief of Police whether to deny the application or 
revoke the license shall be appealable to the 



269 



Miscellaneous Conduct Regulations 



Sec. 613.16. 



Board of Appeals, at which proceeding the Chief 
shall have the burden of proof to justify his 
decision. (Added by Ord. 91-94, App. 2/25/94; 
amended by Ord. 260-04, File No. 031932, App. 
11/4/2004) 

SEC. 613.13. LICENSE— LIABILITY 
INSURANCE. 

No license shall be issued or reissued pursu- 
ant to this Article unless there is in full force and 
effect a policy of insurance in such form as the 
City Attorney and the City's Risk Manager deem 
proper, executed by an insurance company ap- 
proved by the City's Risk Manager, whereby the 
applicant or licensee is insured against liability 
for damage to property and for injury to or death 
of any person as a result of the sale, transfer or 
lease, or advertising for sale, transfer or lease, or 
offering or exposing for sale, transfer or lease, of 
any firearm, firearm ammunition or firearm 
ammunition component. The minimum liability 
limits shall not be less than $1,000,000 for dam- 
age to or destruction of property in any one 
incident, and $1,000,000 for the death or injury 
to any one person; provided, however, that addi- 
tional amounts may be required by the City 
Attorney or City's Risk Manager if deemed nec- 
essary to protect the interests of the City and its 
residents. 

Such policy of insurance shall contain an 
endorsement providing that the policy will not be 
canceled until notice in writing has been given to 
the City, address in care of the Chief of Police, 
850 Bryant Street, San Francisco, California, 
94103, at 30 days immediately prior to the time 
such cancellation becomes effective. Further, such 
policy of insurance shall name the City, its offi- 
cers, agents, and employees as additional in- 
sureds. 

In addition, applicants and licensees shall 
agree in writing that they shall indemnity, de- 
fend, and hold harmless the City, its officers, 
agents, and employees, from claims arising out 
of the negligence or the intentional or wilful 
misconduct of the applicant or licensee. (Added 
by Ord. 91-94, App. 2/25/94) 



SEC. 613.14. LICENSE— AUTHORITY TO 
INSPECT. 

Any and all investigating officials of the City 
shall have the right to enter the building desig- 
nated in the license from time to time during 
regular business hours to make reasonable in- 
spections and to observe and enforce compliance 
with building, mechanical, fire, electrical, plumb- 
ing, or health regulations, and provisions of this 
Article. A police investigator may conduct com- 
pliance inspections to insure conformance with 
all federal, state, and local laws, and all provi- 
sions of this Article. (Added by Ord. 91-94, App. 
2/25/94) 

SEC. 613.15. COMPLIANCE BY 
EXISTING DEALERS. 

Any person engaging in the business of sell- 
ing, transferring, or leasing, or advertising for 
sale, transfer, or lease, or offering or exposing for 
sale, transfer, or lease, any firearm, firearm 
ammunition, or firearm ammunition component 
on the effective date of this Article, or any 
amendments thereto, shall have a period of 60 
days after such effective date to comply with the 
provisions of this Article, or any amendments 
thereto. 

In addition, any person who possesses as of 
February 1, 1994, a permit or license issued by 
the San Francisco Police Department to engage 
in the business of selling, transferring, or leas- 
ing, or advertising for sale, transfer, or lease, or 
offering or exposing for sale, transfer, or lease, 
any firearm, firearm ammunition, or firearm 
ammunition component, shall not be required to 
comply with the requirements of Section 
613.3(i)(l), (2) and (3) of this Article. (Added by 
Ord. 91-94, App. 2/25/94) 

SEC. 613.16. TEMPORARY SUSPENSION 
OF LICENSE. 

(a) If the Chief of Police has reason to 
believe that a licensee has (1) violated any fed- 
eral, state or local law relating to the sale, lease, 
transfer, use or possession of firearms, firearm 
ammunition or firearms ammunition compo- 
nents, or (2) has committed any of the offenses 
set forth in Section 613.3(e), the Chief of Police 



Sec. 613.16. 



San Francisco - Police Code 



270 



may immediately suspend for a period not to 
exceed three days the right of the licensee to sell, 
lease or otherwise transfer firearms, firearm 
ammunition or firearm ammunition compo- 
nents. 

However, if the licensee is charged by a 
federal, state, or local prosecuting attorney with 
a violation of any such law the Chief of Police 
may suspend such license until the charges are 
dismissed or the licensee is found not guilty in a 
court of law. If the Chief of Police suspends a 
license pursuant to this provision, the licensee 
shall be provided an opportunity to present evi- 
dence to the Chief or his or her designee that the 
pending charges are without legal merit. The 
Chiefs decision regarding whether to suspend a 
license pending the outcome of such charges 
shall be appealable to the Board of Appeals, at 
which proceeding the Chief shall have the bur- 
den of proof to justify his decision. 

(b) Notice of suspension shall be mailed to 
the person(s) who applied for the license and 
shall be delivered to the address listed on the 
license. (Added by Ord. 91-94, App. 2/25/94; 
amended by Ord. 260-04, File No. 031932, App. 
11/4/2004) 

SEC. 613.17. DELIVERY TO TAX 
COLLECTOR. 

Upon granting said license, the Police Depart- 
ment shall forward said license to the Tax Col- 
lector who shall issue said license to the appli- 
cant upon payment of the license fee, payable in 
advance. (Amended by Ord. 555-81, App. 11/12/ 
81; Ord. 91-94, App. 2/25/94) 

SEC. 613.18. RULES AND 
REGULATIONS. 

The Chief of Police is hereby authorized to 
promulgate such rules and regulations after no- 
ticed hearing as will enable the Police Depart- 
ment to effectuate the purposes of this ordi- 
nance. Failure to comply with such rules and 
regulations, or with any other requirements im- 
posed by this ordinance, shall constitute grounds 
for revocation of licenses issued hereunder. (Added 
by Ord. 407-86, App. 10/3/86; amended by Ord. 
91-94, App. 2/25/94) 



SEC. 613.19. PENALTIES. 

Any person violating any provision of this 
Article shall be guilty of a misdemeanor or an 
infraction unless a penalty is otherwise speci- 
fied. The complaint charging such violation shall 
specify whether the violation is a misdemeanor 
or infraction, which decision shall be that of the 
District Attorney. If charged as an infraction, 
upon conviction, the violator shall be punished 
by a fine of not more than $100 for each provision 
violated. If charged as a misdemeanor, upon 
conviction, the violator shall be punished by a 
fine of not less than $500 or more than $1,000 for 
each provision violated or by imprisonment in 
the County Jail for a period of not more than six 
months, or by both such fine and imprisonment. 
In any accusatory pleading charging a violation 
of this Section, if the defendant has been previ- 
ously convicted of a violation of this Section, each 
such previous violation and conviction shall be 
charged in the accusatory pleading. Any person 
violating any provision of this Section a second 
or subsequent time within a 10-year period shall 
be guilty of a misdemeanor and shall be pun- 
ished by a fine of not less than $500 and not more 
than $1,000 for each provision violated, or by 
imprisonment in the County Jail for a period of 
not more than six months, or by both such fine 
and imprisonment. (Added by Ord. 91-94, App. 
2/25/94; amended by Ord. 260-04, File No. 031932, 
App. 11/4/2004) 

SEC. 613.20. SEVERABILITY. 

If any section, subsection, paragraph, sen- 
tence or word of this Article is deemed to be 
invalid or beyond the authority of the City and 
County of San Francisco, either on its face or as 
applied, the invalidity of such provision shall not 
affect the other sections, subsections, para- 
graphs, sentences, or words of this Article, and 
the application thereof; and to that end the 
section, subsections, paragraphs, sentences and 
words of this Article shall be deemed severable. 
(Added by Ord. 91-94, App. 2/25/94) 

SEC. 614. EXCEPTIONS. 

Sections 613 to 613.20 inclusive, of this Ar- 
ticle, shall not apply to wholesale dealers in their 



271 



Miscellaneous Conduct Regulations 



Sec. 615. 



business intercourse with retail dealers, nor to 
wholesale or retail dealers in the regular or 
ordinary transport of unloaded firearms as mer- 
chandise to other wholesale or retail dealers by 
mail, express or other mode of shipment to points 
outside the City and County of San Francisco. 
(Amended by Ord. 407-86, App. 10/3/86; Ord. 
260-04, File No. 031932, App. 11/4/2004) 

SEC. 615. RECORDS OF AMMUNITION 
SALES. 

(a) Definitions. 

(1) "Firearm ammunition," as used in this 
Section, shall include any ammunition for use in 
any pistol or revolver, or semiautomatic rifle or 
assault weapon, but shall not include ammuni- 
tion for shotguns that contains shot that is No. 4 
or smaller. 

(2) "Semiautomatic rifle," as used in this 
Section, shall mean any repeating rifle which 
utilizes a portion of the energy of a firing car- 
tridge to extract the fired cartridge case and 
chamber the next round, and which requires a 
separate pull of the trigger to fire each cartridge. 

(3) "Assault weapon," as used in this Sec- 
tion, shall mean any of the weapons designated 
in California Penal Code Section 12276 or 12276.1. 

(4) "Vendor," as used in this Section, shall 
mean any person who is engaged in the sale of 
firearm ammunition, including any retail fire- 
arms dealer. 

(b) No vendor shall sell or otherwise trans- 
fer ownership of any firearm ammunition with- 
out at the time of purchase recording the follow- 
ing information on a form to be prescribed by the 
Chief of Police: (1) the name of the vendor 
(including the name of the specific individual) 
transferring ownership to the transferee; (2) the 
place where the transfer occurred; (3) the date 
and time of the transfer; (4) the name, address 
and date of birth of the transferee; (5) the 
transferee's driver's license number, or other 
identification number, and the state in which it 
was issued; (6) the brand, type and amount of 
ammunition transferred; and (7) the transferee's 
signature. 



(c) The records required by this Section 
shall be maintained on the premises of the 
vendor for a period of not less than two years 
from the date of the recorded transfer. Said 
records shall be subject to inspection at any time 
during normal business hours. 

(d) No person shall knowingly make a false 
entry in, or fail to make a required entry in, or 
fail to maintain in the required manner records 
prepared in accordance herewith. No person shall 
refuse to permit a police department employee to 
examine any record prepared in accordance with 
this Section during any inspection conducted 
pursuant to this Section. 

(e) Penalties. 

( 1) First Conviction. Any person violating 
any provision of this Section shall be guilty of an 
infraction. Upon conviction of the infraction, the 
violator shall be punished by a fine of not less 
than $50 nor more than $100. 

(2) Subsequent Convictions. In any accu- 
satory pleading charging a violation of this Sec- 
tion, if the defendant has been previously con- 
victed of a violation of this Section, each such 
previous violation and conviction shall be charged 
in the accusatory pleading. Any person violating 
any provision of this Section a second time within 
a 90-day period shall be guilty of a misdemeanor 
and shall be punished by a fine of not less than 
$300 and not more than $400 for each provision 
violated, or by imprisonment in the County Jail 
for a period of not more than six months, or by 
both such fine and imprisonment. Any person 
violating any provision of this Section, a third 
time, and each subsequent time, within a 30-day 
period shall be guilty of a misdemeanor and shall 
be punished by a fine of not less than $400 and 
not more than $500 for each provision violated, 
or by imprisonment in the County Jail for a 
period of not more than six months, or by both 
such fine and imprisonment. 

(f) Severability. If any subsection, sen- 
tence, clause, phrase, or word of this Section be 
for any reason declared unconstitutional or in- 
valid or ineffective by any court of competent 
jurisdiction, such decision shall not affect the 
validity or the effectiveness of the remaining 



Supp. No. 10, July/August 2007 



Sec. 615. 



San Francisco - Police Code 



272 



portions of this Section or any part thereof. The 
Board of Supervisors hereby declares that it 
would have adopted this Section notwithstand- 
ing the unconstitutionality, invalidity, or ineffec- 
tiveness of any one or more of its subsections, 
sentences, clauses, phrases, or words. (Formerly 
Sec. 618; added by Ord. 328-95, App. 10/20/95; 
renumbered and amended by Ord. 260-04, File 
No. 031932, App. 11/4/2004) (Former Sec. 615 
amended by Ord. 407-86, App. 10/3/86; repealed 
by Ord. 260-04) 

SEC. 616. REPORTING THE LOSS OR 
THEFT OF FIREARMS. 

(a) Any person that owns or is otherwise in 
possession of a firearm shall report the theft or 
loss of such firearm to the San Francisco Police 
Department within 48 hours of becoming aware 
of the theft or loss whenever (1) the owner 
resides in San Francisco, or (2) the theft or loss of 
the firearm occurs in San Francisco. 

(b) The failure of an owner or person in 
possession of a firearm to report the theft or loss 
of the firearms within 48 hours of when the 
owner or person in possession becomes aware or 
should have become aware of the theft or loss 
shall be punishable in accordance with Section 
613.19. (Added by Ord. 260-04, File No. 031932, 
App. 11/4/2004) (Former Sec. 616 added by Ord. 
1.075, App. 10/11/38; repealed by Ord. 260-04) 

SEC. 617. PROHIBITION AGAINST 
POSSESSION OR SALE OF FIREARMS 
OR AMMUNITION ON PROPERTY 
CONTROLLED BY THE CITY AND 
COUNTY OF SAN FRANCISCO. 
A. Legislative Findings. 

(1) The national and statewide statistical 
information available from numerous sources 
overwhelmingly demonstrates that the incidence 
of gunshot fatalities and injuries has reached 
alarming and thus, unacceptable proportions; 
and 

(2) Government at all levels has a substan- 
tial interest in protecting the people from those 
who acquire guns illegally and use them to 
commit crimes resulting in injury or death of 
their victims; and 



(3) Recent events throughout the City and 
County have generated additional fears of ran- 
dom usage of guns to commit violence on unsus- 
pecting residents, children and adults alike; and 

(4) The Board of Supervisors finds that 
crimes and injuries committed with the use of a 
firearm are prevalent in San Francisco, with 
local statistics showing an increase in homicides 
by use of a gun increasing from 39 gun homicides 
out of 63 total homicides in 2001, which is a 63 
percent increase, to 68 gun homicides out of 85 
total homicides in 2006, which is an 80 percent 
increase. Local statistics also show that San 
Francisco Police Department has seized 1,158 
guns in 2005, and 1,104 guns in 2006. In 2007, 
there have already been 25 gun homicides. 

(5) In the City and County of San Francisco, 
the number of nonfatal injuries from guns has 
steadily increased. While, in 2001, 81 patients 
were admitted to SF General Trauma Center for 
serious injuries resulting from gun shots, the 
number of patients admitted for serious injuries 
rose to 228 by 2006. Similarly, the total number 
of shootings that resulted in nonfatal injuries 
documented by SFPD was 269 in 2005, 303 in 
2006, and in 2007 this number has already 
reached 105 by May 10; and 

(6) Gun crimes in and around schools and 
on buses carrying students to and from school 
have become increasingly common; and 

(7) In 2003 and 2004, 52 percent of the 
City's gun violence victims were under the age of 
25. 

(8) Homicides committed with handguns are 
the leading cause of firearms related injuries 
and death in California; and 

(9) The widespread availability of illegally 
obtained firearms has resulted in a significant 
rise in the number of shooting incidents across 
the County; and 

(10) The Board of Supervisors has author- 
ity over the management and control of City and 
County property, and it may regulate, by ordi- 
nance, the manner in which the property of the 
City and County is accessed and used by mem- 
bers of the public; and 



Supp. No. 10, July/August 2007 



272.1 



Miscellaneous Conduct Regulations 



Sec. 617. 



(11) Prohibiting the possession or sale of 
firearms and/or ammunition on City and County 
property will promote the public health and 
safety by contributing to the reduction in the 
presence of firearms and the potential for gun- 
shot fatalities and injuries in the county. It will 
increase the confidence of members of the public 
that they are not at risk of injury from firearms 
when they seek to use the property and facilities 
of the City and County. In particular, this Board 
of Supervisors finds that an enormous number of 
the general public utilizes the parks, play- 
grounds and squares of San Francisco. This 
Board finds that prohibiting the possession or 
sale of firearms and ammunition on City and 
County property will help to ensure the safety of 
the general public and specifically children who 
are among the most vulnerable in our society; 
and 

(12) The California Supreme Court has ruled 
that State Law does not preempt local laws 
banning the possession and sale of firearms and 
ammunition on their property. In Nordyke v. 
King (2002) 27 Cal.4th 875, the Supreme Court 
upheld an Alameda County ordinance banning 
the possession of firearms and ammunition on 
county owned property and in Great Western v. 
County of Los Angeles (2002) 27 Cal.4th 853, the 
Supreme Court upheld a Los Angeles County 
Ordinance prohibiting all sales of firearms and 
ammunition on county property. These rulings 
uphold the legal ability of the Board of Supervi- 
sors to ban the possession and sale of firearms 
and ammunition on City and County property. 

B. Legislative Intent. With passage of this 
ordinance, the City and County seeks to ensure 
that its property and facilities are used in a 
manner consistent with promoting the health, 
safety and welfare of all of its residents. 

C. Definitions. 

(1) City and County Property. 

(a) As used in this section, the term "City 
property" means real property, including any 
buildings thereon, owned or leased by the City 
and County of San Francisco (hereinafter "City"), 
and in the City's possession or in the possession 
of a public or private entity under contract with 



the City to perform a public purpose including 
but not limited to the following property: recre- 
ational and park property including but not 
limited to Golden Gate Park, the San Francisco 
zoo, Hilltop Park and San Francisco's parks and 
playgrounds, plazas including but not limited to 
United Nations Plaza and Hallidie Plaza, com- 
munity centers such as Ella Hill Hutch Commu- 
nity Center, and property of the Department of 
Recreations and Parks, the Port, and the Public 
Utilities Commission. 

The term "City property" does not 
include any "local public building" as 
defined in Penal Code Section 171b(c), 
where the state regulates possession 
of firearms pursuant to Penal Code 
Section 171b. 

The term "City property" also does not 
include the public right-of-way owned 
by the City and County of San Fran- 
cisco including any area across, along, 
on, over, upon, and within the dedi- 
cated public alleys, boulevards, courts, 
lanes, roads, sidewalks, streets, and 
ways within the City or any property 
owned by the City that is outside the 
territorial limits of the City and County 
of San Francisco. 

(2) Firearms. As used in this section the 
term "firearm" is any gun, pistol, revolver, rifle 
or any device, designed or modified to be used as 
a weapon, from which is expelled through a 
barrel a projectile by the force of an explosion or 
other form of combustion. "Firearm" does not 
include imitation firearms or BB guns and air 
rifles as defined in Government Code Section 
53071.5. 

(3) Ammunition. "Ammunition" is any am- 
munition as defined in California Penal Code 
Section 12316(b)(2). 

C. Possession or Sale of Firearms or 
Ammunition on County Property Prohib- 
ited. No person shall: 

(1) Bring onto or possess on county property 
a firearm, loaded or unloaded, or ammunition for 
a firearm. 



Supp. No. 10, July/August 2007 



Sec. 617. 



San Francisco - Police Code 



272.2 



(2) Sell on county property a firearm, loaded 
or unloaded, or ammunition for a firearm. 

D. Exceptions, Ban on Possession. Sec- 
tion C.(l) above shall not apply to the following: 

(1) A peace officer, retired peace officer or 
person assisting a peace officer when authorized 
to carry a concealed weapon under Penal Code 
Section 12027(a) or a loaded firearm under Penal 
Code Section 12031(b)(1) and under 18 U.S.C. 
926B or 926C. 

(2) Members of the armed forces when on 
duty or other organizations when authorized to 
carry a concealed weapon under Penal Code 
Section 12027(c) or a loaded firearm under Penal 
Code Section 12031(b)(4). 

(3) Military or civil organizations carrying 
unloaded weapons while parading or when going 
to and from their organizational meetings when 
authorized to carry a concealed weapon under 
Penal Code Section 12027(d). 

(4) Guards or messengers of common carri- 
ers, banks and other financial institutions when 
authorized to carry a concealed weapon under 
Penal Code Section 12027(e) and armored ve- 
hicle guards when authorized to carry a loaded 
weapon under Penal Code Section 12031(b)(7). 

(5) Persons who are at a target range. 

(6) Honorably retired Federal officers or 
agents of Federal law enforcement agencies when 
authorized to carry a concealed weapon under 
Penal Code Section 12027(i) or a loaded weapon 
under Penal Code Section 12031(b)(8). 

(7) The public administrator in the distri- 
bution of a private estate or to the sale of 
firearms by its auctioneer to fulfill its obligation 
under State Law. 

(8) Patrol special police officers, animal con- 
trol officers or zookeepers, and harbor police 
officers, when authorized to carry a loaded fire- 
arm under Penal Code Section 12031(c). 

(9) A guard or messenger of a common car- 
rier, bank or other financial institution; a guard 
of a contract carrier operating an armored ve- 
hicle; a licensed private investigator, patrol op- 
erator or alarm company operator; a uniformed 
security guard or night watch person employed 



by a public agency; a uniformed security guard 
or uniformed alarm agent; a uniformed employee 
of private patrol operator or private investigator 
when any of the above are authorized to carry a 
loaded firearm under Penal Code Section 12031(d). 

(10) Any authorized participant in a motion 
picture, television or video production or enter- 
tainment event when the participant lawfully 
uses a firearm as part of that production or 
event. 

E. Exception, Ban on Sale. Section C.(2) 
above shall not apply to the following: 

(1) Purchase or sale of a firearm or ammu- 
nition for a firearm by a federal, state or local 
law enforcement agency or by any other Federal, 
State or local governmental entity. 

(2) The public administrator in the distri- 
bution of a private estate or to the sale of 
firearms by its auctioneer to fulfill its obligation 
under state law. 

(3) Sale of ammunition at a target range for 
use at the target range. 

F. Penalty for Violation. Any person who 
violates any of the provisions of this Section 
617(c) shall be deemed guilty of a misdemeanor 
and upon conviction shall be punished by a fine 
not to exceed $1,000.00 or by imprisonment in 
the county jail not to exceed six months, or by 
both. 

G. Severability. If any provision, clause or 
word of this Section or the application thereof to 
any person or circumstance is held invalid, such 
invalidity shall not affect any other provision, 
clause, word or application of this Section which 
can be given effect without the invalid provision, 
clause or word, and to this end the provisions of 
this chapter are declared to be severable. (Added 
by Ord. 194-07, File No. 070682, App. 8/1/2007) 

SEC. 622. REGULATIONS TO BE 
OBSERVED AT FIRES. 

It shall be the duty of the police officers, at 
the time of any fire, to place ropes and guard 
lines across all public streets on which any 
burning buildings or premises are situated and 
at such points as they may be deemed necessary. 
(Added by Ord. 1.075, App. 10/11/38) 



Supp. No. 10, July/August 2007 



272.3 



Miscellaneous Conduct Regulations 



Sec. 630. 



SEC. 623. PUBLIC TO REMAIN 
OUTSIDE LINES. 

It shall be unlawful for any person except 
owners and occupants, and their employees, of 
buildings endangered by fire, and officers and 
members of the Fire Department and Police 
Department, and persons having permits from 
the Fire Commissioners or Police Commission- 
ers, to pass within such lines or to remain within 
such lines when ordered outside thereof by any 
Police Officer. (Added by Ord. 1.075, App. 10/11/ 
38) 



Amendment to the United State Constitution 
and Article I, Section 2 of the California Consti- 
tution, and the public's right to express and 
exchange diverse ideas and opinions. 

(3) The Board further finds that the unau- 
thorized removal of newspapers from newsracks, 
storefronts, residential properties, bundle drop 
locations and other locations where newspapers 



SEC. 628. COERCION OF LABORERS 
FOR POLITICAL PURPOSES 
PROHIBITED. 

No officer, board or commission, authorized 
by law to appoint subordinates or to engage the 
services of laborers, shall solicit or demand of 
such subordinates or laborers that they vote for 
or against any candidate for any elective office; 
or procure, engage, or endeavor to procure from 
such subordinate or laborer any sum of money or 
contribution to be used for the election or defeat 
of any candidate for any elective office; and any 
officer, or member of any board or commission, 
who demands such contribution and any subor- 
dinate or laborer who pays any such contribu- 
tion, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall forfeit his office or posi- 
tion. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 630. UNAUTHORIZED REMOVAL 
OF NEWSPAPERS PROHIBITED. 

(a) Findings. 

(1) The Board of Supervisors of the City and 
County of San Francisco finds that the unautho- 
rized removal of newspapers before they reach 
their intended reading public, including the un- 
authorized removal of newspapers circulated to 
the public free of charge, injures the people of the 
City and County by depriving them of informa- 
tive printed news, entertainment, and public 
notices. 

(2) The Board further finds that the unau- 
thorized removal of newspapers infringes on the 
right of the public to a free press under the First 



Supp. No. 10, July/August 2007 



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Supp. No. 10, July/August 2007 



273 



Miscellaneous Conduct Regulations 



Sec. 630. 



are delivered in mass for public consumption, 
has become a substantial problem in the City 
and County of San Francisco. 

(4) The Board further finds that persons 
taking newspapers from these locations are often 
selling them to recyclers, and are thus appropri- 
ating the newspapers for monetary gain. 

(b) Definitions. 

(1) Newspapers. For purposes of this Sec- 
tion, "newspapers" shall mean any publication 
made available to the public on a periodic basis 
(whether daily, weekly, monthly or quarterly), 
regardless of whether a fee is charged for the 
publication. 

(2) Newsracks. For purposes of this Sec- 
tion, "newsracks" shall mean any self-service or 
coin-operated box, container, storage unit, or 
other dispenser installed, used, or maintained 
for the display and sale of newspapers. 

(3) Residential Property. For purposes of 
this Section, "residential property" shall mean 
any property attached or adjacent to a single- 
family residence, apartment or other building 
used as a residential dwelling where a person 
would reasonably expect newspapers to be placed 
for the use of individuals residing in the build- 
ing. Such property includes, but is not limited to, 
any front yard, driveway, or mailbox associated 
with such dwelling. 

(4) Storefront. For purposes of this Sec- 
tion, "storefront" shall mean any property at- 
tached or adjacent to a business, including but 
not limited to grocery or convenience stores, 
where a person would reasonably expect news- 
papers to be placed for the use of the business. 

(5) Bundles. For purposes of this Section, 
"bundles" shall mean a quantity of newspapers 
gathered or bound together by a publisher or 
distributor for the purpose of distribution to its 
intended audience. 

(6) Bundle Drop Locations. For purposes 
of this Section, "bundle drop locations" shall 
mean places where bundles are placed in mass 
for distribution by authorized delivery persons. 



(c) Prohibitions. 

(1) It shall be unlawful for any person to 
remove, take, or appropriate more than one copy 
of a newspaper from any newsrack or bundle 
drop location for the purpose of (i) selling such 
newspaper to any recycler; (ii) selling, trading, or 
bartering such newspaper to anyone for any 
payment; or (iii) depriving others of the opportu- 
nity to read or enjoy such newspaper. This pro- 
hibition shall not apply to an authorized repre- 
sentative of the owner or operator of any newsrack, 
or any publisher, authorized printer or autho- 
rized distributor of newspapers. 

(2) It shall be unlawful for any person, 
other than a business owner or the owner's 
authorized agent, to remove, take, or appropri- 
ate more than one copy of a newspaper from any 
storefront for the purpose of (i) selling such 
newspaper to any recycler; (ii) selling, trading, or 
bartering such newspaper to anyone for any 
payment; or (iii) depriving others of the opportu- 
nity to read or enjoy such newspaper. 

(3) It shall be unlawful for any person to 
remove, take, or appropriate from any residen- 
tial property more than one copy of a newspaper 
for the purpose of (i) selling such newspaper to 
any recycler; (ii) selling, trading, or bartering 
such newspaper to anyone for any payment; or 
(iii) depriving others of the opportunity to read or 
enjoy such newspaper. This prohibition shall not 
apply to the owner of such residential property, a 
person residing at such property, or the autho- 
rized representative of the owner of or person 
residing at such property. 

(4) It shall be unlawful for a recycler or any 
other person or entity to purchase more than one 
copy of any newspaper, or to obtain more than 
one copy of any newspaper or other publication 
through trade or barter, from any person ("seller") 
under circumstances sufficient to give a reason- 
able person knowledge that the seller has re- 
moved, taken, or appropriated such newspapers 
before they reached their intended reading pub- 
lic. Circumstances sufficient to give a reasonable 
person such knowledge include, but are not lim- 
ited to, being offered for purchase, trade or 
barter a bundle or bundles of multiple copies of 



Sec. 630. 



San Francisco - Police Code 



274 



the same edition of a newspaper by any person 
other than a publisher, printer, distributor or 
retail seller of such newspaper, or an authorized 
representative of such a publisher, printer, dis- 
tributor or retail seller. 

(d) Record Keeping. Any recycler or other 
person or entity purchasing newspapers in quan- 
tities of greater than 100 pounds per transaction, 
shall be required to record the following informa- 
tion for each such transaction: the seller's name, 
address, phone number, valid driver's license 
number, automobile license plate number, amount 
of newspapers, and amount paid per transaction. 
Any recycler or other person required to keep 
records pursuant to this Section shall maintain 
such records and make them available for inspec- 
tion for at least one year. 

(e) Penalties. Any person or entity violat- 
ing any provision of this Section shall be guilty of 
a misdemeanor or an infraction. The complaint 
charging such violation shall specify whether, in 
the discretion of the District Attorney, the viola- 
tion is a misdemeanor or infraction. If charged as 
an infraction, upon conviction, the violator shall 
be punished by a fine of not less than $50 or more 
than $100, and/or community service, for each 
provision violated. If charged as a misdemeanor, 
upon conviction, the violator shall be punished 
by a fine of not less than $100 or more than $500, 
and/or community service, for each provision 
violated, or by imprisonment in the County Jail 
for a period of not more than six months, or by 
both such fine and imprisonment. In any accu- 
satory pleading charging a violation of this Sec- 
tion, if the defendant previously has been con- 
victed of a violation of this Section, each such 
previous violation and conviction shall be charged 
in the accusatory pleading. Any person or entity 
violating any provision of this Section a second 
time within a ninety-day period shall be guilty of 
a misdemeanor and shall be punished by a fine of 
not less than $200 and not more than $500, 
and/or community service, for each provision 
violated, or by imprisonment in the County Jail 
for a period of not more than six months, or by 
both such fine and imprisonment. Any person or 
entity violating any provision of this Section a 
third time, and each subsequent time, within a 



ninety-day period shall be guilty of a misde- 
meanor and shall be punished by a fine of not 
less than $300 and not more than $500, and/or 
community service, for each provision violated, 
or by imprisonment in the County Jail for a 
period of not more than six months, or by both 
such fine and imprisonment. 

(f) Severability. If any subsection, sen- 
tence, clause, phrase, or word of this Section be 
for any reason declared unconstitutional or in- 
valid or ineffective by any court of competent 
jurisdiction, such decision shall not affect the 
validity or the effectiveness of the remaining 
portions of this Section or any part thereof. The 
Board hereby declares that it would have adopted 
this Section notwithstanding the unconstitution- 
ality, invalidity, or ineffectiveness of any one or 
more of its subsections, sentences, clauses, 
phrases, or words. (Added by Ord. 99-96, App. 
3/6/96) 

SEC. 633. REQUIRING DAMAGED 
TRAFFIC STANDARDS TO BE 
REPORTED TO CHIEF OF POLICE. 

It shall be the duty of the driver of any 
vehicle involved in an accident resulting in dam- 
age to any traffic standard, sign or signal, pole, 
fire alarm box, police telephone signal box, or 
hydrant belonging to the City and County of San 
Francisco, to notify, within 24 hours thereafter, 
the Chief of Police of the City and County of San 
Francisco of the name of the owner and driver of 
said vehicle, their address, registration number 
of said vehicle and the location of the property so 
damaged. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 635. CITY AND COUNTY 
BUILDINGS AND GROUNDS; 
VIOLATIONS OF RULES AND 
REGULATIONS RELATING THERETO 
PROHIBITED. 

No person shall violate or attempt to violate 
any rule or regulation prescribed by the appro- 
priate officer, board or commission of the City 
and County for the administration and protec- 
tion of any public building or grounds of said City 
and County under the control and jurisdiction of 
said officer, board or commission, provided that a 



275 



Miscellaneous Conduct Regulations 



Sec. 639. 



copy of said rule or regulation is posted in a 
conspicuous place in the public building or grounds 
to which said rule or regulation applies. (Added 
by Ord. 79-72, App. 4/3/72) 

SEC. 636. SECURITY REQUIREMENTS 
NEW CONSTRUCTION. 

Security requirements for new construction 
Group R-l occupancies entry doors, locks, secu- 
rity glazing, testing and approval, shall be in 
accordance with the provisions of Sections 4101 
through 4105 of the Building Code. Room keys or 
other opening devices shall be free of hotel name 
or address identification. (Amended by Ord. 537- 
85, App. 12/4/85) 

SEC. 636.1. SECURITY REQUIREMENTS 
GROUP H OCCUPANCY BUILDINGS. 

The provisions of Sections 636 through 636.3 
hereof shall apply to all Group H occupancy 
buildings containing three or more dwelling units 
or more than five guestrooms, and includes all 
apartment houses, hotels, motels and condomini- 
ums. (Amended by Ord. 346-80, App. 7/3/80) 

SEC. 636.2. SECURITY REQUIREMENTS 
EXTERIOR DOORS. 

All exterior doors directly accessible from the 
ground level or by stairs or ramps and providing 
entry into the Group H occupancy buildings shall 
comply with Section 713 of the Housing Code. 
(Amended by Ord. 346-80, App. 7/3/80) 

SEC. 636.3. PENALTIES. 

Any person violating any of the provisions of 
Sections 4101 through 4105 of the Building Code, 
Sections 713 through 714 of the Housing Code, 
or Sections 636 through 636.2 of the SF Police 
Code shall he charged with a misdemeanor and 
upon conviction thereof, shall be punished by a 
fine not exceeding $500 or by imprisonment, not 
exceeding 30 days, or by both fine and imprison- 
ment, and shall be deemed guilty of a separate 
offense for every day such violation, disobedi- 
ence, omission, neglect or refusal shall continue. 
(Amended by Ord. 537-85, App. 12/4/85) 



SEC. 636.4. ENFORCEMENT 
AUTHORITY. 

The Bureau of Building Inspection and San 
Francisco Police Department have the authority 
to administer and enforce the provisions of the 
preceding section. (Amended by Ord. 346-80, 
App. 7/3/80) 

SEC. 636.5. RETROACTIVE 
PROVISIONS. 

Sections 636.1, 636.2 and portion of 636.2 as 
applied to existing buildings (Police Code) shall 
become effective one year after adoption. 
(Amended by Ord. 346-80, App. 7/3/80) 

SEC. 638. INTERFERENCE WITH FIRE, 
ETC., TELEGRAPH SYSTEMS 
PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to place, or cause to be placed, any 
article or thing on or upon any sidewalk in such 
a manner as to interfere with or obstruct the free 
access or approach to any signal box of the Fire 
and Police Telegraph System; or without author- 
ity from the Chief of the Department of Electric- 
ity to run any wire or any of the telegraph poles 
or fixtures of said systems, or to run, erect or 
maintain any wire across or parallel with any 
wire of said system within a distance of four feet 
thereof; or without authority from the Chief of 
the Department of Electricity, to break, remove 
or injure or cause to be broken, removed or 
injured, any of the parts or appurtenances°of said 
system; or without authority, to make, or fit, or 
cause to be made or fitted, any key to lock of any 
signal box of said system; or, without authority, 
to have or retain in his possession any key 
belonging to or fitted to the lock of any such 
signal box; or to pick or force the lock of any such 
signal box. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 639. MAKING FALSE ALARMS 
PROHIBITED. 

It shall be unlawful for any person wilfully to 
make or cause to be made any false alarm of fire 
or any false call for police assistance, or for the 
police patrol wagon, or for any hospital ambu- 
lance of the Department of Public Health, by 



Sec. 639. 



San Francisco - Police Code 



276 



means of city or any telegraph or telephone 
systems, or any other way. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 640. REWARD. 

(a) Every person or persons who give infor- 
mation leading to the arrest and conviction, as 
defined in this Section, of any person who vio- 
lates Section 148.4 of the California Penal Code, 
relating to the turning in of false fire alarms, in 
the City and County of San Francisco, shall 
receive as a reward from the City and County of 
San Francisco a total sum of $500 for each such 
occurrence. For the purposes of this Section and 
Section 641 of this Code, "conviction" shall mean 
a finding of guilty following a trial, a plea of guilt 
or nolo contendere, or a plea of guilty or nolo 
contendere by plea bargaining whether or not 
the guilty plea or nolo contendere plea is entered 
for violation of Section 148.4 of the California 
Penal Code. 

(b) Every person or persons who give infor- 
mation leading to the arrest or, in the case of a 
juvenile, the temporary detention, but not the 
conviction of any person who violates Section 
148.4 of the California Penal Code, relating to 
the turning in of false fire alarms, in the City and 
County of San Francisco, shall nevertheless re- 
ceive as a reward from the City and County of 
San Francisco a total sum of $500 for each such 
occurrence, unless the arrested person or de- 
tained juvenile is found not guilty following a 
trial or juvenile court proceedings or the pros- 
ecutor dismisses the charges for insufficient in- 
formation. Circumstances under which the per- 
son or persons providing the information shall be 
eligible for the reward include but are not lim- 
ited to, disposition of the charges in the following 
ways: 

(1) The court issues a bench warrant against 
the arrested person for failure to appear in court; 

(2) The court determines that the arrested 
person is mentally incompetent to stand trial; 

(3) The court places the arrested person in a 
diversion program; 

(4) The charges are dismissed because the 
person is deported; 



(5) Juvenile court proceedings establish that 
the juvenile carried out the alleged actions; or 

(6) A probation officer places the detained 
juvenile in a specific program of supervision. 

(c) In the event that more than one person 
gives information under the circumstances speci- 
fied in Section 640(a) or 640(b) regarding the 
same occurrence, the total sum of $500 shall be 
divided equally among the persons providing the 
information. (Amended by Ord. 208-86, App. 
6/6/86) 

SEC. 641. PAYMENT. 

The Controller is hereby authorized and di- 
rected to pay from any appropriation created for 
the purpose the total sum of $500 for each such 
occurrence to the person or persons who give 
such information leading to an arrest and con- 
viction as set forth in Section 640, or the dispo- 
sition of the charges by one of the other methods 
specified in Section 640, provided that a claim 
therefor is filed with the Controller within 60 
days after the conviction or the disposition of the 
charges by one of the other methods enumerated 
in Section 640, and the said claim is approved by 
the Chief of the Fire Department. (Amended by 
Ord. 208-86, App. 6/6/86) 

SEC. 642. INELIGIBLE PERSONS. 

Neither a peace officer, a member of the Fire 
Department, nor any person barred by Charter 
provisions or statute from receiving rewards 
shall be eligible to claim the said reward. (Added 
by Ord. 277-69, App. 8/29/69) 

SEC. 643. PUBLICATION OF OFFER. 

Publication of this offer may be made through 
the posting of signs by the Fire Department from 
funds appropriated to the department for that 
purpose. (Added by Ord. 277-69, App. 8/29/69) 

SEC. 644. THE USE, SALE OR 
POSSESSION OF BALLOONS INFLATED . 
WITH INFLAMMABLE OR EXPLOSIVE 
GASES PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to use, sell or possess any balloon 



277 



Miscellaneous Conduct Regulations 



Sec. 649. 



inflated with inflammable or explosive gases. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 645. ABANDONING 
REFRIGERATOR EQUIPPED WITH 
LOCKING DEVICES PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to leave or permit to remain outside 
of any dwelling, building or other structure, or 
within any unoccupied or abandoned building, 
dwelling or other structure under his or its 
control, in a place accessible to children, any 
abandoned, unattended or discarded ice box, 
refrigerator or other container which has an 
air-tight door or lid, snaplock or other locking 
device which may not be released from the in- 
side, without first removing said door or lid, 
snaplock or other locking device from said ice 
box, refrigerator or container. (Added by Ord. 
8454, Series of 1939, App. 3/17/54) 

SEC. 646. PENALTY. 

Any person, firm or corporation who shall 
violate any of the provisions of Section 645 of this 
Article shall be deemed guilty of a misdemeanor 
and upon conviction thereof, shall be punishable 
by a fine of not more than $500, or by imprison- 
ment in the County Jail for a period of not more 
than 90 days, or by both such fine and imprison- 
ment. (Added by Ord. 8454, Series of 1939, App. 
3/17/54) 

SEC. 647. UNAUTHORIZED REMOVAL 
OF SHOPPING CARTS; NOTICE, 
EXCEPTIONS. 

No person shall remove any shopping cart, 
shopping basket, or other similar device from the 
premises of any business establishment, any 
parking area maintained for the customers of 
said business establishment, or sidewalks and 
passageways adjacent to said business establish- 
ment or said parking areas, for the purposes of 
temporarily using the same, or for any purpose 
whatsoever, if such shopping cart, basket, or 
device has securely affixed to it a sign identifying 
it as belonging to said business establishment 
and there is posted on the premises of said 
business establishment a notification to the ef- 



fect that said cart, basket or device is not to be 
removed from said premises, parking areas, or 
sidewalks and passageways adjacent thereto. 

This Section shall not be enforceable against 
any alleged violators unless there is posted at 
the place or places where said carts, baskets or 
devices are stored for customer use, a sign or 
signs positioned and of sufficient size and legibil- 
ity to be seen by an ordinarily observant person, 
to notify customers and the general public of the 
prohibitions set forth herein. 

The provisions of this Section shall not apply 
to removal of a shopping cart, shopping basket or 
other similar device by the owner thereof, the 
agent of said owner, an employee of said business 
establishment, or by any person possessing the 
written consent of said owner or the manager of 
said business establishment. (Added by Ord. 
263-66, App. 10/28/66) 

SEC. 648. AUTOMATIC CALLING 
DEVICES— USE OF REGULATED. 

No person, partnership, corporation or any 
other type or class of association of persons, 
except a public utility engaged in the business of 
providing communications services and facili- 
ties, shall use or operate, attempt to use or 
operate, or cause to be used or operated, or 
arrange, adjust, program or otherwise provide or 
install any device or combination of devices that 
will upon action either mechanically, electroni- 
cally or by any other automatic means, initiate a 
call and deliver a recorded message to any tele- 
phone number or numbers assigned to the City 
and County of San Francisco by a public tele- 
phone company, without the prior written con- 
sent of said City and County. 

The term "telephone number" includes any 
additional numbers assigned by a public utility 
company engaged in the business of providing 
communications services and facilities to be used 
by means of a rotary or other system to connect 
with said City and County to such primary 
number when the primary telephone number is 
in use. (Added by Ord. 222-70, App. 6/25/70) 

SEC. 649. APPLICATION FOR 
PERMISSION TO INSTALL. 

Any and all applications for the consent re- 
quired by Section 648 shall be made to the Head 



Sec. 649. San Francisco - Police Code 278 

of the Department of the City and County of San 
Francisco which has a telephone number to 
which it is desired to initiate a call and/or deliver 
a recorded message. The form and detail of the 
application for such consent must be furnished 
by the Department Head and such consent does 
not take the place of any license required by law. 
Said Department Head may withhold said con- 
sent until satisfied that the granting of said 
consent will not interfere with the operations of 
his department. (Added by Ord. 222-70, App. 
6/25/70) 



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ARTICLE 9.1: [RESERVED] 



331 



San Francisco - Police Code 332 



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ARTICLE 9.2: [RESERVED] 



341 



San Francisco - Police Code 342 



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ARTICLE 9.3: [RESERVED] 



351 



San Francisco - Police Code 352 



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ARTICLE 9.4: [RESERVED] 



361 



San Francisco - Police Code 362 



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ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS 



Sec. 650. 

Sec. 651. 

Sec. 652. 

Sec. 653. 

Sec. 654. 



Findings. 
Definitions. 
Unlawful Conduct. 
Violation. 
Severability. 



SEC. 650. FINDINGS. 

Relations between organized labor and man- 
agement in this City and County have for many 
years been marked by a mature adherence to the 
principles of good faith, collective bargaining and 
a mutual respect for the rights, interests and 
well being of working people, business and in- 
dustry. The importation or use in this City and 
County of professional strikebreakers as replace- 
ments during a strike or lockout endangers such 
sound and beneficial relations between labor and 
management. 

Experience in this City and County and in 
other parts of this country demonstrates that the 
utilization of professional strikebreakers in labor 
disputes is inimical to the public welfare and 
good order in that such practices tend to prolong 
industrial strife, frustrate collective bargaining 
and encourage violence, crimes and other disor- 
ders. 

Persons who customarily offer themselves as 
replacements during labor disputes are gener- 
ally of unsavory character and accustomed to 
association with undesirable elements. The in- 
troduction of such persons into the community 
and their employment in this City and County is 
harmful to our citizens and threatens the public 
peace. 

The aforementioned evils are beyond the 
regulation of applicable state or federal law, and 
the mitigation and correction thereof requires 
the exercise of the police power of this City and 
County. (Added by Ord. 317-64, App. 11/30/64) 



SEC. 651. DEFINITIONS. 

As used in this ordinance the following words 
and phrases shall unless provided otherwise 
have the following definitions: 

(a) "Employer": A person, partnership, firm, 
corporation, association or other entity, which 
employs any person or persons to perform ser- 
vices for a wage or salary. "Employer" includes 
any person, partnership, firm, corporation, asso- 
ciation or other entity acting as an agent of an 
employer, directly or indirectly. 

(b) "Employee": Any person who performs 
services for wages or salary under a contract of 
employment, express or implied, for an em- 
ployer. 

(c) "Strike": Any concerted act of employees 
in a lawful refusal of such employees under 
applicable state or federal law to perform work 
or services for an employer. 

(d) "Lockout": Any refusal by an employer 
to permit his employees to work as a result of a 
dispute with such employees affecting wages, 
hours or other terms or conditions of employ- 
ment of said employees. 

(e) "Professional Strikebreaker": Any per- 
son (1) who during the period of five years 
immediately preceding the acts described in pro- 
vision (2) of this Subdivision (e) has repeatedly 
offered himself to employers at whose places of 
business a strike or lockout was currently in 
progress, for employment for the duration of 
such strike or lockout for the purpose of replac- 
ing an employee or employees involved in said 
strike or lockout, and (2) who currently offers 
himself to an employer at whose place of busi- 
ness a strike or lockout is presently in progress, 
for employment for the purpose of replacing an 
employee or employees involved in said strike or 
lockout. 

"Repeatedly," as used in the foregoing provi- 
sion, is defined as meaning on two or more 



371 



Sec. 651. 



San Francisco - Police Code 



372 



occasions (exclusive of any current offer for em- 
ployment in connection with a current strike or 
lockout). 

"Employment for the duration of such strike 
or lockout" shall include employment for all or 
part of the duration of such strike or lockout; 
and, in connection therewith, shall include ser- 
vices during all or part of such strike or lockout 
which began not more than one month prior to 
the initiation thereof, or, in the alternative, which 
concluded not later than one month after the 
termination of such strike or lockout. 

"Employment," as used in this Subdivision 
(e), is defined as service for an employer, whether 
compensated by wages, salary, or any other con- 
sideration not limited to the foregoing and whether 
secured, arranged or paid for by an employer or 
any other person, partnership, firm, corporation, 
association or other entity. (Added by Ord. 317- 
64, App. 11/30/64) 



SEC. 654. SEVERABILITY. 

If any part of the provisions of this ordinance, 
or the application thereof, to any person or 
circumstance is held invalid by the final judg- 
ment of a court of competent jurisdiction, the 
remainder of this ordinance, including the appli- 
cation of such part or provision to other persons 
or circumstances, shall not be affected thereby, 
and this ordinance shall otherwise continue in 
full force and effect and shall otherwise be fully 
operative. To this end, the provisions of this 
ordinance, and each of them, are hereby declared 
to be severable. (Added by Ord. 317-64, App. 
11/30/64) 



SEC. 652. UNLAWFUL CONDUCT. 

(a) It shall be unlawful for any employer 
willingly and knowingly to utilize any profes- 
sional strikebreaker to replace an employee or 
employees involved in a strike or lockout at a 
place of business located within the City and 
County of San Francisco. 

(b) It shall be unlawful for any professional 
strikebreaker willingly and knowingly to offer 
himself for employment to replace, or to replace, 
an employee or employees involved in a strike or 
lockout at a place of business located within the 
City and County of San Francisco. (Added by 
Ord. 317-64, App. 11/30/64) 



SEC. 653. VIOLATION. 

Any person, partnership, firm, corporation, 
association or other entity, or officer or agent 
thereof, who shall violate any of the provisions of 
this ordinance shall upon conviction thereof be 
subject to a fine not to exceed $500 or imprison- 
ment not to exceed 90 days, or both such fine and 
imprisonment, in the discretion of the court. 
(Added by Ord. 317-64, App. 11/30/64) 



[The next page is 379] 



ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES 



Sec. 


660. 


Findings and Purpose. 


Sec. 


660.1. 


Definitions. 


Sec. 


660.2. 


Unlawful Solicitation. 


Sec. 


660.3. 


Statement of Registration. 


Sec. 


660.4. 


Issuance of Certificate of 
Registration. 


Sec. 


660.4-1. 


Audits. 


Sec. 


660.4-2. 


Registration of Commercial 
Fundraisers. 


Sec. 


660.5. 


Change in Fact, Policy or 
Method. 


Sec. 


660.6. 


Certificate of Registration and 
Identification Cards 
Nontransferable — Return Upon 
Expiration. 


Sec. 


660.7. 


Registration Fee. 


Sec. 


660.8. 


Solicitors' Identification Cards 
and Lists of Solicitors. 


Sec. 


660.9. 


Written Receipts Required. 


Sec. 


660.11. 


Financial Records. 


Sec. 


660.12. 


Public Disclosure. 


Sec. 


660.13. 


Exceptions. 


Sec. 


660.14. 


Penalties. 


Sec. 


660.14-1, 


. Forfeiture. 


Sec. 


660.15. 


City Undertaking Limited to 
Promotion of General Welfare. 


Sec. 


660.16. 


Severability. 


Sec. 


660.17. 


Preemption. 


SEC 


.660. FINDINGS AND PURPOSE. 



(a) The primary purpose of the public streets 
and sidewalks is for use by vehicular and pedes- 
trian traffic; however, state and federal courts 
have determined that sidewalks are also tradi- 
tional public for a for the exchange of ideas and 
views protected by our Federal and State Con- 
stitutions. 

(b) The sale of goods, products and services 
with its corresponding inquiry regarding the 
quality and price of goods, bargaining over that 



price, and exchange of goods, products and ser- 
vices for consideration, by its nature has created 
greater problems with regard to the use of the 
public sidewalk than the traditional solicitation 
of contributions by charitable organizations. In 
particular, the unregulated sale of goods, prod- 
ucts and services on the public sidewalks by 
charitable organizations and persons soliciting 
by sales on behalf of charitable organizations has 
caused congestion and potential use of force that 
threatens the safety of pedestrians attempting to 
use the sidewalks and public transit for their 
primary purpose. It has also interfered with 
pedestrian access to private residences, Munici- 
pal Railway, cable car and bus zones, and places 
of business. One of the primary causes of these 
problems is the sales activities on the public 
sidewalks of commercial enterprises who repre- 
sent that part of their profits will go to a chari- 
table organization. 

(c) Reasonable regulation of sidewalk sales 
activities is necessary to protect the public safety, 
health, welfare, as well as the substantial es- 
thetic interest in preserving the beauty, solitude 
and viewing areas of certain parts of the City. 
The sales activities of charitable organizations 
pose esthetic problems different from and greater 
than those presented by street artists and other 
sidewalk peddlers. Street artists sell goods of 
their own making. Thus, street artists offer a 
variety of goods, and the volume of their mer- 
chandise is limited. On the other hand, almost 
without exception, those selling on behalf of 
charitable organizations peddle t-shirts and sweat- 
shirts. The presence on the sidewalk of tables 
piled high with sweatshirts and t-shirts is much 
more visually offensive than the sale of jewelry 
and other items sold by street artists and other 
sidewalk vendors. Indeed, the sales activities of 
charitable organizations have had the effect of 
converting many areas of the City into perma- 
nent flea markets. 



379 



Supp. No. 6, March 2007 



Sec. 660. 



San Francisco - Police Code 



380 



(d) The City repeatedly has sought to ad- 
dress the problems created by the sales activities 
of charitable solicitors by means less restrictive 
than those set out in this legislation, including 
restrictions on where charitable sales activities 
may take place and the type of information that 
charitable organizations must disclose. These 
less restrictive measures have failed to alleviate 
adequately the problems caused by the sales 
activities of charitable organizations. In particu- 
lar, the current locational regulations, such as 
the amount of sidewalk space that must be left 
for pedestrian passage, the sales of merchandise 
adjacent to unloading and bus zones, and the 
space between persons engaged in charitable 
sales, have proved ineffective to adequately pro- 
tect public health and safety. These locational 
restrictions were initially intended to apply to 
the sale of books, pamphlets and other purely 
communicative items. Experience has taught that 
the safety problems created by the sales of sweat- 
shirts and other commercial merchandise by 
charitable organizations are greater than those 
caused by other sidewalk vending or that would 
be caused by the sales of purely communicative 
items. Sidewalk sweatshirt vending by chari- 
table organizations consistently draws larger 
crowds of prospective buyers than does sidewalk 
sales by street artists and other peddlers. There- 
fore, the safety concerns associated with chari- 
table sales are different from those posed by 
other vendors. Accordingly, different regulations 
are needed. In particular, sales activities on the 
building side of sidewalks, with their attendant 
crowds, frequently force pedestrians to walk in 
the street, which endangers those pedestrians. 

(e) The San Francisco Street Artists Pro- 
gram, established by a mandate of the people of 
the City and County of San Francisco with the 
adoption of Proposition L on November 4, 1975, 
is an essential component of this City's effort to 
support the work of its resident artisans. Permit- 
ting the sale of merchandise in spaces desig- 
nated as Street Artists spaces by persons other 
than Street Artists tends to confuse the public 
regarding the nature of the products sold and 
adversely affects the credibility of the Street 
Artists Program. 



(f) The City and County of San Francisco 
has a duty to safeguard its citizens from fraudu- 
lent solicitors. Like other communities, San Fran- 
cisco has traditionally been plagued with per- 
sons defrauding its citizens by falsely representing 
that they are soliciting contributions for chari- 
table purposes. The most effective method for 
protecting citizens from fraudulent solicitors is 
to require full disclosure to the public of infor- 
mation regarding the operations and purposes of 
persons soliciting for charitable purposes and to 
ensure that the information disclosed is truthful. 

(g) The City also has a duty to preserve the 
visual quality of its sidewalks, parks and plazas, 
prevent the obstruction of public viewing areas, 
and preserve the tranquility and special ambi- 
ence of areas that have been created to provide 
members of the public with zones of peace, quiet 
and solitude. There are areas of the City, such as 
Twin Peaks and portions of the Fisherman's 
Wharf area and parks, where the Board finds 
that sales activities, whether conducted by chari- 
table organizations or for-profit entities, are in- 
consistent with these esthetic qualities as well as 
public safety. The Board also finds that because 
of the unique nature of City parks, the regula- 
tion of sales activities in parks is better left to 
the Recreation and Parks Commission. 

(h) In adopting these amendments, the Board 
of Supervisors is aware that a federal appellate 
court has enjoined the enforcement of Section 
660.2(j) of this Article with respect to the sale of 
items that are inextricably intertwined with a 
political, ideological, religious or philosophical 
message. The Board is also aware that the City is 
pursuing a farther appeal of this ruling. The 
amendments to this Article are in no way in- 
tended as a substitute for the City's appeal. 
Rather, these amendments are intended to re- 
duce somewhat the problems caused by the sales 
activities of charitable organizations, pending a 
resolution of the City's appeal. (Amended by 
Ord. 106-87, App. 4/3/87; Ord. 289-90, App. 8/1/ 
90) 



Supp. No. 6, March 2007 



381 



Regulations for Solicitation for Charitable Purposes 



Sec. 660.2. 



SEC. 660.1. DEFINITIONS. 

Whenever used in this Article unless a differ- 
ent meaning clearly appears from the context: 

(a) "Association" shall mean any unincorpo- 
rated organization or group of individuals shar- 
ing a common purpose or common purposes. 

(b) "Charitable Organization" shall mean 
and include any person who, or any nonprofit 
community organization, fraternal, benevolent, 
educational, philanthropic, or service organiza- 
tion, or governmental employee organization 
which, solicits or obtains contributions solicited 
from the public for charitable purposes of or 
holds any assets solely for charitable purposes. 

(c) (1) "Charitable Purpose" shall mean re- 
ligious, charitable, scientific, testing for public 
safety, literary, educational, or for the prevention 
of cruelty to children or animals, and all other 
purposes recognized as charitable under com- 
mon law. 

(c) (2) "Charitable Purpose" shall not be 
construed to include solicitations primarily for 
the direct benefit of the individual making the 
solicitation. 

(d) "Contributions" shall mean and include 
the words alms, food, clothing, money, subscrip- 
tion or property. "Contributions" shall also mean 
donations under the guise of a loan of money or 
property. 

(e) "Department" shall mean the San Fran- 
cisco Police Department. 

(f) "Person" shall mean any individual, part- 
nership, corporation, or association. 

(g) "Public Sidewalk" shall mean all im- 
proved sidewalks owned or under the control of 
the City and County of San Francisco. 

(h) "Solicit," "solicitation," and "solicitation 
for a charitable purpose," shall mean any re- 
quest, plea, entreaty, demand, or invitation, or 
attempt thereof, to give money or property, that 
occurs on the streets, sidewalks, or parks or 
other property under the control of the City and 
County of San Francisco in connection with 
which: 

(1) Any appeal is made for charitable pur- 
poses; or 



(2) The name of any charity, philanthropic 
or charitable organization is used or referred to 
in any such appeal as an inducement for making 
any such gift; or 

(3) Any statement is made to the effect that 
such gift or any part thereof will go to or be used 
for any charitable purpose or organization. 

(i) "Sales solicitation for a charitable pur- 
pose" shall mean the sale of, offer to sell, or 
attempt to sell, or the solicitation or receipt of 
money in exchange in whole or part for, any 
advertisement, advertising space, book, card, 
chance, coupon device, magazine subscription, 
membership, merchandise, ticket or admission 
or any other thing or service or other consider- 
ation, which occurs on the streets, sidewalks, 
parks or other property under the control of the 
City and County of San Francisco, in connection 
with which: 

(1) Any appeal is made for charitable pur- 
poses; or 

(2) The name of any charity or philan- 
thropic organization is used or referred to in any 
such appeal as an inducement for making any 
such sale; or 

(3) Any statement is made to the effect that 
the whole or any part of the proceeds from such 
sale will go to or be used for any charitable 
purpose or organization. 

(j) "Agent" shall mean any person autho- 
rized by any other person or organization to 
transact some business, manage some affair, or 
perform any other act, on behalf of that person or 
organization. 

(k) "Commercial fundraiser" shall mean any 
individual, corporation, or other legal entity who 
qualifies as a commercial fundraiser for chari- 
table purposes as defined in California Govern- 
ment Code Section 12599(a). (Amended by Ord. 
106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90) 

SEC. 660.2. UNLAWFUL SOLICITATION. 

(a) No charitable organization may solicit, 
directly or through an agent or employee, any 
contribution for any charitable purpose or con- 
duct any sales solicitation for charitable pur- 
poses activity on the streets, sidewalks, parks or 



Sec. 660.2. 



San Francisco - Police Code 



382 



other property under the control of the City and 
County of San Francisco unless such charitable 
organization shall have first obtained a Certifi- 
cate of Registration from the Chief of Police or 
his or her designate, as hereinafter provided or 
has received a receipt from the Department 
indicating that the organization has filed a State- 
ment of Registration and is authorized to solicit 
pending issuance by the Department of a Certifi- 
cate of Registration. 

(b) No individual, as agent or employee of 
another, shall solicit contributions for a chari- 
table purpose on the streets, sidewalks, parks or 
other property under the control of the City and 
County of San Francisco unless the charitable 
organization on whose behalf the individual is 
soliciting has received a Certificate of Registra- 
tion or has received a receipt from the Depart- 
ment indicating that the organization has filed a 
Statement of Registration and is authorized to 
solicit pending issuance by the Department of a 
Certificate of Registration. 

(c) No individual shall engage in sales so- 
licitations for a charitable purpose on the streets, 
sidewalks or other property under the control of 
the City and County of San Francisco without 
visibly displaying an identification card issued to 
that individual by the Chief of Police or his or her 
designate as hereinafter provided. This provi- 
sion shall not be enforced with respect to a 
charitable organization during the period after 
the organization has obtained a receipt indicat- 
ing that the organization has filed a Statement 
of Registration and before the issuance to the 
organization of a Certificate of Registration. 

(d) (1) No individual shall solicit for a chari- 
table purpose or engage in sales solicitation for a 
charitable purpose on the streets, sidewalks or 
other property under the control of the City and 
County of San Francisco, unless, upon request 
from the person solicited for information about 
the organization, the solicitor shall provide to 
the person a card entitled "Solicitation for Chari- 
table Purposes Card." The card shall be of a size 
to be prescribed by the Chief of Police or his or 
her designate, signed and dated under penalty of 



perjury by an individual who is a principal or 
officer of the charitable organization on whose 
behalf the solicitation is made. 

The information on the card shall be printed 
in at least 10-point type and shall include the 
following: 

(A) The name and address of the charitable 
organization on whose behalf the money will be 
collected. 

(B) The name of the individual soliciting on 
behalf of the charitable organization. 

(C) The number of the Certificate of Regis- 
tration issued to the organization by the Chief of 
Police. 

(D) If there is no charitable organization, 
the manner in which the money collected will be 
utilized for charitable purposes. 

(E) The percentage of the purchase price 
that will be used for charitable purposes. 

(F) If the solicitation is not a sales solicita- 
tion, the card may state, in place of the amount 
of fund raising expenses, that an audited finan- 
cial statement of such expenses may be obtained 
by contacting the organization at the address 
disclosed. 

(G) Whether the charitable organization on 
whose behalf the solicitation is made is tax 
exempt under state and federal law. 

(H) The percentage of the total gift or pur- 
chase price which may be deducted as a chari- 
table contribution under both federal and state 
law. If no portion is so deductible the card shall 
state that "This contribution is not tax deduct- 
ible." 

(I) If the charitable organization making 
the solicitation represents any nongovernmental 
organization by any name which includes, but is 
not limited to, the term, "officer," "peace officer," 
"police," "law enforcement," "reserve officer," 
"deputy," or "deputy sheriff," which would rea- 
sonably be understood to imply that the organi- 
zation is composed of law enforcement person- 
nel, the solicitor shall give the total number of 
members in the organization and the number of 
members working or living within the county 
where the solicitation is being made, and if the 



383 



Regulations for Solicitation for Charitable Purposes 



Sec. 660.2. 



solicitation is for advertising, the statewide cir- 
culation of the publication in which the solicited 
ad will appear. 

(d) (2) No individual shall engage in sales 
solicitation for a charitable purpose by means of 
selling goods, products or services from a station- 
ary display on the streets or sidewalks or other 
places held open to the public unless, in addition 
to the requirements of Subsection (d)(1), the 
individual displays a sign which shall contain 
the name and address of the person on whose 
behalf the charitable solicitation is being made, 
and the fact that more information about the 
charitable organization is available upon re- 
quest. This sign also shall state that a receipt 
must be provided to the person solicited for any 
sales transaction of $5 or more and that for sales 
transactions of less than $5, a receipt will be 
provided upon request. The sign shall be two feet 
by two feet square and shall be printed in black 
36 point bold face print on a white background. 

(d) (3) A volunteer who receives no com- 
pensation of any type from, or in connection 
with, a solicitation for a charitable organization 
which has qualified for a tax exemption under 
Section 501(c)(3) of the Internal Revenue Code of 
1954, as amended, and who is 15 years of age or 
younger, is not required to make any disclosures 
pursuant to this Section. 

(d) (4) When the solicitation is not a sales 
solicitation, any individual may comply with the 
disclosure provisions of Section 660.2(d)(1) by 
providing in writing the name and address of the 
charitable organization on behalf of which all or 
any part of the money collected will be utilized 
for charitable purposes, the charitable purposes 
for which the solicitation is made and that the 
information about revenues and expenses of such 
organization, including its administration and 
fundraising costs, may be obtained by contacting 
the organization's office at the address disclosed. 
Such organization shall provide such informa- 
tion to the person solicited immediately upon 
receipt of the request. 

(e) No person, other than the Chief of Police 
or his or her designate, may alter an identifica- 
tion card or certificate of registration. 



(f) No individual shall engage in a sales 
solicitation for charitable purposes while display- 
ing an identification card issued by the Chief of 
Police or his or her designate in the name of 
another individual. 

(g) No individual shall solicit for charitable 
purposes or engage in sales solicitations for 
charitable purposes from any vehicle. 

(h) No individual shall engage in sales so- 
licitations for charitable purposes by means of 
selling goods, products, services or merchandise 
on the public sidewalks: 

(1) Within five feet of any of the following: 

(a) A space designated by the Public Works 
Department of the City and County of San Fran- 
cisco as a street artist space pursuant to Article 
24 of the San Francisco Police Code. For the 
purposes of this Subsection, the five feet shall be 
measured from the outer edges of the street 
artist space in each direction parallel to the 
building side of the space and thence at a 90- 
degree angle to the curbside and building side of 
the sidewalk. 

(b) A person peddling goods, products or 
services pursuant to a permit issued under Ar- 
ticle 17.3 or Article 13 of the San Francisco Police 
Code, Article 5 of the San Francisco Public Works 
Code, or any other provision of the San Francisco 
Charter or San Francisco Municipal Code. 

(c) A crosswalk. 

(d) A fire hydrant. 

(e) The end of the fire escape. 

(2) Within eight feet of a person already 
engaged in sales solicitations pursuant to a Cer- 
tificate of Registration issued under this article. 

(3) Within 10 feet from the outer edge of 
any entrance to any building, including, but not 
limited to, doors, driveways, emergency exits 
measured in each direction parallel to the build- 
ing line and thence at a 90-degree angle to the 
curb. 

(4) Within 18 inches of the curb line of a 
sidewalk or more than 4-1/2 feet from the curb 
line of a sidewalk. 



Sec. 660.2. 



San Francisco - Police Code 



384 



(5) In a space more than four feet long or 
five feet high. The height of the person or per- 
sons conducting the sales solicitation shall not be 
considered in determining compliance with this 
subsection. 

(6) On any sidewalk adjacent to a curb that 
has been designated pursuant to ordinance or 
regulation as a bus zone or a white, blue, green, 
or yellow zone. 

(7) If, due to such solicitation for sales on a 
public sidewalk, there remains open for the pas- 
sage of pedestrians a space of less than eight feet 
in width, as measured on a line perpendicular to 
the curb line, from the edge of the solicitor's 
activities to the edge of the sidewalk or the edge 
of the building farthest from the edge of those 
activities. No portion of the area occupied by the 
solicitor for its activities shall be included in 
measuring the eight foot space. If there are 
located on a particular side of a block two or 
more spaces that meet all other time, place and 
manner restrictions set out in this Section and 
leave available for pedestrian passage a space 
more than eight feet in width, the solicitor shall 
conduct his or her sales solicitation in that space 
that leaves available for pedestrian travel the 
maximum amount of sidewalk width. 

(8) In any of the following areas: 

(a) In any "P" district, as defined in Section 
234 of the City Planning Code (Part II, Chapter 
II, San Francisco Municipal Code), located on 
Twin Peaks. 

(b) On the sidewalk on the north side of 
Jefferson Street between Jones and Taylor. 

(i) No individual shall directly or indirectly 
solicit contributions for any purpose by misrep- 
resentation of his or her name, occupation, finan- 
cial condition, exemption status, or residence, 
and no person shall make or perpetrate any 
other misstatement, deception, or fraud in con- 
nection with any solicitation of any contribution 
for any purpose in the City and County of San 
Francisco or in any Statement of Registration or 
report filed under this Article. 

(j) No individual shall engage in sales solici- 
tations for charitable purposes by means of sell- 
ing clothing, jewelry, or any other goods, prod- 



ucts, services or merchandise in any area of the 
City and County of San Francisco unless that 
person obtains the appropriate peddling permit 
pursuant to Articles 13, 17.3 or 24 of the San 
Francisco Police Code. This Section shall not 
apply to the sale of books, pamphlets, buttons, 
bumperstickers, posters or any other type of item 
that has no intrinsic value or purpose other than 
to communicate a message. 

(k) Every charitable organization whose em- 
ployee or agent violates any provision of this 
Article also shall be deemed to have violated 
such provision. 

(1) Every commercial fundraiser whose em- 
ployee or agent violates any provision of this 
Article also shall be deemed to have violated 
such provision. 

(m) Sales solicitations for charitable pur- 
poses occurring on property under the jurisdic- 
tion of the Recreation and Parks Department 
shall be regulated by the San Francisco Park 
Code and written rules and regulations promul- 
gated by the San Francisco Recreation and Parks 
Commission. (Amended by Ord. 106-87, App. 
4/3/87; Ord. 289-90, App. 8/1/90) 

SEC. 660.3. STATEMENT OF 
REGISTRATION. 

All charitable organizations desiring to so- 
licit funds for charitable purposes in the City and 
County of San Francisco shall file with the Chief 
of Police or his or her designate a written State- 
ment of Registration, which Statement shall 
contain complete information as follows: 

(a) The name of the charitable organization 
registering to solicit funds for charitable pur- 
poses. 

(b) The purpose of the solicitation and use 
of the contribution to be solicited. 

(c) Whether the charitable organization reg- 
istering is an individual, partnership, corpora- 
tion or association, and 

(1) If a natural person, the person's busi- 
ness or residence address and telephone number. 

(2) If a partnership, the name of all the 
partners and principal business address and 
telephone number of each partner. 



385 



Regulations for Solicitation for Charitable Purposes 



Sec. 660.3. 



(3) If a corporation, whether it is organized 
under the laws of California or is a foreign 
corporation, the mailing address, business loca- 
tion, and telephone number, name of the indi- 
vidual in charge of the San Francisco office of the 
corporation, and the names of all officers and 
directors or trustees of said corporation, and if a 
foreign corporation, the place of incorporation. 

(4) If an association, the association's prin- 
cipal business address and telephone number, if 
any, and the names and principal business or 
residence addresses and telephone numbers of 
the officers and directors or trustees of the asso- 
ciation. If the association is part of a multi-state 
organization or association, the mailing address 
and business location of its central office and the 
mailing address and business location of its local 
office. 

(d) A description of the methods and means 
by which the solicitation of funds is to be accom- 
plished, including whether solicitations will be 
accomplished by the sale of any item. 

(e) A financial statement, on a form pro- 
vided by the San Francisco Police Department, 
setting forth all of the following information: 

(1) The total revenue, contributions and simi- 
lar amounts solicited or generated by sales ac- 
tivities by such charitable organization or asso- 
ciation or their agents or commercial fundraisers 
within the City and County of San Francisco 
within the 180-day period immediately preced- 
ing the filing of such Statement of Registration; 

(2) The gross total sales by such charitable 
organization or association within the City and 
County of San Francisco within the 180-day 
period immediately preceding the filing of such 
Statement of Registration; 

(3) The total amount of expenditures by 
such charitable organization or association within 
the City and County of San Francisco within the 
180-day period immediately preceding the filing 
of such Statement of Registration; 

(4) The total cost of goods sold by or on 
behalf of such charitable organization or associa- 
tion within the City and County of San Francisco 
within the 180-day period immediately preced- 
ing the filing of such Statement of Registration; 



(5) The names and business addresses of all 
persons or associations, including commercial 
fundraising, receiving compensation or emolu- 
ments from such revenue, contributions and simi- 
lar amounts solicited or generated by sales ac- 
tivities in the City and County of San Francisco, 
and the respective amounts thereof; 

(6) A detailed accounting of the allocations 
made to achieve the purposes of the charitable 
organization within the 180-day period immedi- 
ately preceding the filing of such Statement of 
Registration. 

(f) If the charitable organization is a corpo- 
ration, partnership, or association, a copy of the 
resolution or other document issued in compli- 
ance with the bylaws or internal rules of any 
organization authorizing such solicitation and 
authorizing a particular individual to apply for 
the Certificate of Registration certified to as a 
true and correct copy of the original of such 
resolution by the officer of such association hav- 
ing charge of the records thereof. 

(g) A statement that the signers of such 
Statement of Registration have read and are 
familiar with the provisions of this Article and 
will require all persons authorized to engage in 
such solicitation to read and be familiar with all 
sections of this Article prior to making any such 
solicitation. 

(h) A projected schedule for the next 180- 
day period of salaries, fees, commissions, ex- 
penses and costs to be expended and paid in 
connection with the solicitation of funds or in 
connection with their disbursement, an esti- 
mated percentage of the total projected collec- 
tions which the costs of solicitation will comprise 
and what portion of the contributions collected 
as a result of the solicitation will remain avail- 
able for application to the specific purposes de- 
clared in the Statement of Registration. 

(i) The names, business mailing addresses 
and telephone numbers of all individuals who 
will be in direct charge or control of the solicita- 
tion and disbursement of funds, and the name of 
any commercial fundraiser employed or utilized 
by the charitable organization during the imme- 
diately preceding reporting period. 



Supp. No. 6, March 2007 



Sec. 660.3. 



San Francisco - Police Code 



386 



(j) A statement to the effect that if a Certifi- 
cate of Registration is granted, such Certificate 
will not be used as or represented to be an 
endorsement by the City or any of its officers or 
employees. 

(k) The names of any officer, director, trustee, 
partner, or any current agent or employee engag- 
ing in the solicitation of funds who has been 
convicted of any felony within the past seven 
years, the nature of the offense, the state where 
the conviction occurred, and the year of the 
conviction. 

(1) Whether the applicant has received tax 
exempt status from either the State of California 
or the United States, or both, and a copy of its 
current tax exempt determination letter, if any. 

(m) If the charitable organization is a cor- 
poration, partnership, or association, the State- 
ment of Registration must be signed by the 
person authorized to apply for the Certificate of 
Registration by the resolution required in Sec- 
tion 660.3 (g) and, under penalty of perjury, 
declared to contain true and correct information. 
If the charitable organization is an individual, 
the Statement of Registration must be signed by 
that individual and, under penalty of perjury, 
declared to contain true and correct information. 

(n) The name of an agent of the organiza- 
tion for service of process. (Amended by Ord. 
106-87, App. 4/3/87; Ord. 289-90, App. 8/1/90) 

SEC. 660.4. ISSUANCE OF 
CERTIFICATE OF REGISTRATION. 

(a) Upon the filing by a charitable organi- 
zation of a Statement of Registration and the 
payment of the fee required by Section 660.7, 
including any fine or penalty assessed against 
the organization for violation of this Article that 
has been outstanding for more than 60 days, the 
Chief of Police or his or her designate shall issue 
to the organization a receipt that indicates that 
the organization has filed a Statement of Regis- 
tration and authorizes the organization to solicit 
contributions for charitable purposes pending 
the issuance of the Certificate of Registration. 



(b) The Chief of Police or his or her desig- 
nate shall, after a review of the Statement of 
Registration to determine its compliance with 
Section 660.3 above, and within 10 working days 
of the receipt of the Statement of Registration, 
either issue a Certificate of Registration or notify 
the person registering that the Statement of 
Registration does not comply with the require- 
ments of Section 660.3 above and specifying 
what information has not been furnished. Upon 
receipt of that additional information, the Chief 
of Police or his or her designate shall, within five 
working days of the receipt of the revised State- 
ment, issue a Certificate of Registration. Any 
charitable organization that has received a re- 
ceipt authorizing the organization to solicit con- 
tributions in the City and County of San Fran- 
cisco and that fails to provide the additional 
information sought by the Chief shall be in 
violation of this Article. Certificates of Registra- 
tion shall be valid for 180 days after issuance. 

(c) Any charitable organization that has ob- 
tained a Certificate of Registration prior to the 
most recent amendment of this Article shall 
obtain a Certificate of Registration under the 
amended provisions of this Article within 30 
days of the effective date of the such amended 
provisions. (Amended by Ord. 106-87, App. 4/3/ 
87; Ord. 289-90, App. 8/1/90) 

SEC. 660.4-1. AUDITS. 

(a) At the request of the Police Department, 
the Controller of the City and County of San 
Francisco shall audit for accuracy and complete- 
ness any identified financial statements submit- 
ted by a charitable organization under Section 
660.3(e) of this Code, provided that charitable 
organizations whose financial statements indi- 
cate that the organization received less than 
$1,000.00 in contributions from solicitations and 
sales solicitations in the immediately preceding 
reporting period shall not be subject to such 
audits. When audits are performed, the Control- 
ler shall prepare reports which shall be sent to 
the San Francisco District Attorney and Califor- 
nia Attorney General. The reports of the Control- 
ler shall be public documents and shall contain 
the Controller's findings with respect to the 



Supp. No. 6, March 2007 



387 



Regulations for Solicitation for Charitable Purposes 



Sec. 660.8. 



accuracy and completeness of each statement 
reviewed. The audit should be conducted with 
maximum efficiency in a cost-effective manner 
and should be as unobtrusive as possible consis- 
tent with the foregoing purposes of the audit. No 
employee or agent of the Controller shall divulge 
or make known any record or information re- 
ceived pursuant to this section except in further- 
ance of the purposes of this section. 

(b) It shall be the duty of each charitable 
organization to keep such detailed accounts and 
records as shall be reasonably necessary for the 
Controller to conduct the audits required by this 
section. (Added by Ord. 289-90, App. 8/1/90; Ord. 
56-07, File No. 070090, App. 3/23/2007) 

SEC. 660.4-2. REGISTRATION OF 
COMMERCIAL FUNDRAISERS. 

Prior to soliciting contributions on behalf of a 
charitable organization, a commercial fundraiser 
shall register with the Department by filing with 
the Department a copy of the commercial 
fundraiser's most recent registration form and 
annual financial report filed with the California 
Attorney General's Registry of Charitable Trusts 
pursuant to California Government Code Sec- 
tions 12599(b) and 12599(c). (Added by Ord. 
289-90, App. 8/1/90) 

SEC. 660.5. CHANGE IN FACT, POLICY 
OR METHOD. 

If, while any Statement of Registration is 
pending, or during the term of any Certificate of 
Registration granted thereon, there is any change 
in fact, policy, or method that would materially 
alter the information given in the Statement of 
Registration, the registrant shall notify the Chief 
of Police or his or her designate in writing 
thereof within 48 hours after such change. Such 
notice shall specifically indicate what section of 
the Statement of Registration is affected by the 
change, in what manner the information in that 
section has been changed, and include the fee for 
amendments to Statements of Registration set 
by the Police Commission. (Amended by Ord. 
106-87, App. 4/3/87) 



SEC. 660.6. CERTIFICATE OF 
REGISTRATION AND IDENTIFICATION 
CARDS NONTRANSFERABLE— RETURN 
UPON EXPIRATION. 

No person may transfer a Certificate of Reg- 
istration or identification card issued under this 
Article. Certificate of Registration and identifi- 
cation cards issued under this Article shall be 
returned to the Chief of Police or his or her 
designate within five days of its date of expira- 
tion. (Amended by Ord. 106-87, App. 4/3/87; Ord. 
53-89, App. 3/1/89) 

SEC. 660.7. REGISTRATION FEE. 

The Police Commission shall, within 180 
days of the effective date of this Article as 
amended, set the fees for registration and amend- 
ments to Statements and Certificates of Regis- 
tration, and additional identification cards, re- 
quired under this Article. These fees shall be 
based on the costs of issuing and amending the 
Certificates of Registration and identification 
cards and conducting the lottery provided for in 
this Article. The Chief of Police or his or her 
designate shall waive these fees if the registrant 
files with the Chief of Police an affidavit signed 
under penalty of perjury declaring the registrant's 
inability to pay the fees would prevent the reg- 
istrant from soliciting contributions for a chari- 
table purpose. Pending determination of these 
fees by the Police Commission, every Statement 
of Registration shall be accompanied by a regis- 
tration fee of $30 for solicitation of $50 for sales 
solicitations to defray the costs incurred by the 
City and County of San Francisco in administer- 
ing the provisions of this Article. Fees collected 
under this Section shall be used exclusively for 
administering the provisions of this Article. 
(Amended by Ord. 106-87, App. 4/3/87) 

SEC. 660.8. SOLICITORS' 
IDENTIFICATION CARDS AND LISTS OF 
SOLICITORS. 

Consistent with the standards and purposes 
of this Article, the Chief of Police or his or her 
designate shall create identification cards for 
persons engaged in sales solicitations for chari- 
table purposes. Each such identification card 



Supp. No. 6, March 2007 



Sec. 660.8. 



San Francisco - Police Code 



388 



shall be laminated and shall bear the name and 
residence or business address of the charitable 
organization registering, a recent photograph of 
the solicitor; to be supplied by the charitable 
organization registering and to be of a size pre- 
scribed by the Chief of Police or his or her 
designate, the registration number, the name 
and signature of the solicitor or agent, the expi- 
ration date of the Certificate of Registration, and 
it shall have printed prominently thereon in red: 
"This identification card is not an endorsement 
of the solicitation by the City and County of San 
Francisco or any of its officers or employees." The 
name of the organization, photograph of the 
individual and statement of nonendorsement shall 
appear on the front of the card with the remain- 
ing information appearing on the back of the 
card. This card shall be prepared and laminated 
by the Chief of Police or his or her designate or, 
at the election of the charitable organization, by 
the charitable organization on pre-numbered cards 
supplied by the Department. 

The Chief of Police or his or her designate 
shall issue up to five identification cards with the 
Certificate of Registration without any addi- 
tional charge. The registrant may obtain addi- 
tional identification cards by paying to the City 
its actual cost as established by resolution of the 
Police Commission. 

With respect to sales solicitations, the chari- 
table organization registering shall maintain on 
its premises or the premises of a designated 
agent of the organization or, in the alternative, 
shall provide to the Department, a list of the 
names, addresses, identification card number, 
and dates of birth of all agents and employees to 
whom identification cards are issued. With re- 
spect to nonsales solicitations, the charitable 
organization registering shall maintain on its 
premises or the premises of a designated agent of 
the organization or, in the alternative, shall 
provide to the Department, a list of the names of 
all agents and employees authorized to solicit on 
behalf of the organization. Where lists required 
under this Section are maintained on the pre- 
mises of the charitable organization, the chari- 
table organization shall make such lists avail- 



able to members of the Department upon request. 
(Amended by Ord. 106-87, App. 4/3/87) 

SEC. 660.9. WRITTEN RECEIPTS 
REQUIRED. 

Any person receiving money or anything hav- 
ing a value of $5 or more from any contributor 
under a solicitation or .sales solicitation for a 
charitable purpose made pursuant to a Certifi- 
cate of Registration granted under this Article, 
or any person receiving money or anything hav- 
ing a value of less than $5 from any contributor 
under a solicitation or sales solicitation for chari- 
table purposes made pursuant to a Certificate of 
Registration granted under this Article when the 
contributor so requests, shall give to the contribu- 
tor at the time the contribution is received a 
written sequentially numbered receipt signed by 
the solicitor showing plainly the name and Cer- 
tificate of Registration number of the charitable 
organization for which the solicitation is con- 
ducted, the Internal Revenue Service and Cali- 
fornia Franchise Tax Board tax exempt identifi- 
cation numbers, if any, the date and the amount 
received, and whether the contribution, or what 
part thereof, is tax deductible; provided, how- 
ever, that where a solicitation is made and a 
donation is received for a ticket of admission to 
an event held specifically to raise money or any 
other thing of value for charitable purposes, such 
ticket, when retained by the contributor, shall 
constitute a valid receipt if it contains the name 
and Certificate of Registration number, the per- 
son from whom the solicitation is conducted, the 
date and location of the event, and the amount 
received. This Section shall not apply to any 
contributions collected by means of a sealed or 
locked box or receptacle which shall have perma- 
nently imprinted on it the name of the Certifi- 
cate of Registration holder used in solicitation 
with the written approval of the Chief of Police 
or his or her designate, where it is impractical to 
determine the amount of such contributions. 
(Amended by Ord. 106-87, App. 4/3/87) 

SEC. 660.11. FINANCIAL RECORDS. 

The financial records of a charitable organi- 
zation on whose behalf soliciting for charitable 



Supp. No. 6, March 2007 



389 



Regulations for Solicitation for Charitable Purposes 



Sec. 660.14. 



purposes is conducted shall be maintained on the 
basis of generally accepted accounting principles 
as defined by the American Institute of Certified 
Public Accountants and the Financial Account- 
ing Standards Board. The disclosure require- 
ments of Subsection (f) of Section 660.3 shall be 
based on the same accounting principles used to 
maintain the soliciting charitable organization's 
financial records. (Amended by Ord. 106-87, App. 
4/3/87) 

SEC. 660.12. PUBLIC DISCLOSURE. 

All registration and financial record state- 
ments filed with the Chief of Police or his or her 
designate shall be a public record and shall be 
available for inspection by members of the public 
during regular business hours and copies may be 
obtained at a charge to be determined by the 
Chief of Police or his or her designate. (Amended 
by Ord. 106-87, App. 4/3/87) 

SEC. 660.13. EXCEPTIONS. 

(a) The provisions of this Article shall not 
apply to: 

(1) Any recruiting for volunteer services; 

(2) Any solicitation made in the name of a 
person who has died, if the solicitation is made 
by members of the family of the person or the 
legal guardian of the deceased person; 

(3) Any solicitation made by or on behalf of 
a nonprofit organization to or amount persons 
who are members thereof at the time of such 
solicitation, or a solicitation or solicitations made 
in the form of collections or contributions at 
regular assemblies or services of any such orga- 
nization; 

(4) Any solicitation made by an employer to 
his employees, by an employee to his employer, 
or by an employee to other members of the same 
employee group where a common employer ex- 
ists; 

(5) Any solicitation made upon premises 
owned or occupied by the person on whose behalf 
such solicitation is made; 

(6) Any solicitation in an area subject to a 
street closure approved by the San Francisco 
Board of Supervisors of the City and County of 



San Francisco approved pursuant to San Fran- 
cisco Administration Code Section 2.70 for street 
fairs or other public gatherings. 

(b) Persons making solicitations on behalf 
of any political group or political organization 
that is subject to financial disclosure under state 
or federal law are not subject to the registration 
or financial disclosure provisions of this Article. 

(c) The provisions of this ordinance pertain- 
ing to the sales activities of charitable organiza- 
tions shall not apply to transactions where both 
(i) the item offered for sale is not sold from tables 
or other fixed locations and (ii) the item sold is 
only of token value or the item is sold by a 
volunteer under fourteen years of age and the 
sales price of the item is less than three dollars. 
(Amended by Ord. 106-87, App. 4/3/87) 

SEC. 660.14. PENALTIES. 

(a) Any person violating any provision of 
this Article shall be guilty of a misdemeanor or 
an infraction. The complaint charging such vio- 
lation shall specify whether the violation is a 
misdemeanor or infraction, which decision shall 
be that of the District Attorney. If charged as an 
infraction, upon conviction, the violator shall be 
punished by a fine of not less than $125 or more 
than $250 for each provision violated. If charged 
as a misdemeanor, upon conviction, the violator 
shall be punished by a fine of not less than $500 
or more than $600 for each provision violated or 
by imprisonment in the County Jail for a period 
of not more than six months, or by both such fine 
and imprisonment. In any accusatory pleading 
charging a violation of this Article, if the defen- 
dant has been previously convicted of a violation 
of this Article, each such previous violation and 
conviction shall be charged in the accusatory 
pleading. Any person violating any provision of 
this Article a second time within a 30-day period 
shall be guilty of a misdemeanor and shall be 
punished by a fine of not less than $650 and not 
more than $750 for each provision violated, or by 
imprisonment in the County Jail for a period of 
not more than six months, or by both such fine 
and imprisonment. Any person violating any 
provision of this Article a third time, and each 
subsequent time, within a 30-day period shall be 



Sec. 660.14. 



San Francisco - Police Code 



390 



guilty of a misdemeanor and shall be punished 
by a fine of not less than $750 and not more than 
$1,000 for each provision violated, or by impris- 
onment in the County Jail for a period of not 
more than six months, or by both such fine and 
imprisonment. 

(b) Any person who violates or proposes to 
violate any of the provisions of this Article may 
be enjoined by any court of competent jurisdic- 
tion. The court may make such orders or judg- 
ments, including the appointment of a receiver, 
as may be necessary to prevent the use or em- 
ployment by any charitable organization or per- 
son of any practices which violate this Article, or 
which may be necessary to restore to any person 
any money or property, real or personal, which 
may have been required by means of any prac- 
tice in this Article declared to be unlawful. 

Actions for injunction under this Section may 
be prosecuted by the Attorney General, the Dis- 
trict Attorney, or City Attorney upon their own 
complaint or upon the complaint of any board, 
officer, person or by any person or charitable 
organization acting for the interests of itself, its 
members or the general public. In its discretion, 
the court may allow the party bringing the action 
reasonable costs, including attorney's fees. 

(c) Any person who intentionally violates 
any injunction issued pursuant to this Section 
shall be liable for a civil penalty not to exceed 
$6,000 for each violation. Where the conduct 
constituting a violation is of a continuing nature, 
each day of such conduct is a separate and 
distinct violation. In determining the amount of 
the civil penalty, the court shall consider all 
relevant circumstances, including, but not lim- 
ited to, the extent of harm caused by the conduct 
constituting a violation, the nature and persis- 
tence of such conduct, the length of time over 
which the conduct occurred, the assets, liabilities 
and net worth of the person, whether corporate 
or individual, and any corrective action taken by 
the defendant. 

(d) If any action for violation of Subsection 
(c) is brought by the Attorney General, one-half 
of the penalty collected pursuant to this Section 
shall be paid to the Treasurer of the City and 



County of San Francisco, and one-half to the 
State Treasurer for deposit in the General Fund. 
If brought by the District Attorney, one-half of 
the penalty collected pursuant to this Section 
shall be paid to the Treasurer of the City and 
County of San Francisco for deposit in a special 
fund of the District Attorney to be created for the 
deposit and expenditure of such funds, and one- 
half shall be paid to the Treasurer of the City and 
County of San Francisco for deposit in the Gen- 
eral Fund. If brought by the City Attorney, one- 
half of the penalty collected pursuant to this 
Section shall be paid to the Treasurer of the City 
and County of San Francisco for deposit in a 
special fund of the City Attorney to be created for 
the deposit and expenditure of such funds, and 
one-half shall be paid to the Treasurer of the City 
and County of San Francisco for deposit in the 
General Fund. If brought by a private party, 
one-half of the penalty collected pursuant to this 
Section shall be paid to such the party and 
one-half shall be paid to the Treasurer of the City 
and County of San Francisco for deposit in the 
General Fund. 

(e) Any person who violates any provision of 
this Article shall be liable for a civil penalty not 
to exceed $2,500 for each violation, which shall 
be assessed and recovered in a civil action brought 
in the name of the people of the City and County 
of San Francisco by the Attorney General, the 
District Attorney, or the City Attorney in any 
court of competent jurisdiction, upon their own 
complaint or upon the complaint of any board, 
officer, person or by any person or charitable 
organization acting for the interests of itself, its 
members or the general public. In its discretion, 
the court may allow the party bringing the action 
reasonable costs, including attorney's fees. 

(f) If any action for violation of Subsection 
(e) is brought by the Attorney General, one-half 
of the penalty collected shall be paid to the 
Treasurer of the City and County of San Fran- 
cisco for deposit in the General Fund and one- 
half to the State Treasurer. If brought by the 
District Attorney, one-half of the penalty col- 
lected pursuant to this Section shall be paid to 
the Treasurer of the City and County of San 
Francisco for deposit in a special fund of the 



391 



Regulations for Solicitation for Charitable Purposes 



Sec. 660.14-1. 



District Attorney to be created for the deposit 
and expenditure of such funds, and one-half 
shall be paid to the Treasurer of the City and 
County of San Francisco for deposit in the Gen- 
eral Fund. If brought by the City Attorney, one- 
half of the penalty collected pursuant to this 
section shall be paid to the Treasurer of the City 
and County of San Francisco for deposit in a 
special fund of the City Attorney to be created for 
the deposit and expenditure of such funds, and 
one-half shall be paid to the Treasurer of the City 
and County of San Francisco for deposit in the 
General Fund. If brought by a private party, 
one-half of the penalty collected pursuant to this 
Section shall be paid to such the party and 
one-half shall be paid to the Treasurer of the City 
and County of San Francisco for deposit in the 
General Fund. 

(g) Any person who intentionally or negli- 
gently violates any of the reporting requirements 
of this Article shall be liable in a civil action 
brought by any person otherwise authorized to 
file an action under this Article for an amount of 
three times the amount not properly reported if 
the violation was intentional or the amount not 
properly reported if the violation was negligent. 

(h) The remedies provided for in this Sec- 
tion are cumulative to each other and to the 
remedies or penalties available under all other 
laws of the City and County of San Francisco and 
the State of California. 

(i) If two or more persons are responsible 
for any violation of this Article, they shall be 
jointly and severably liable. (Amended by Ord. 
106-87, App. 4/3/87; Ord. 53-89, App. 3/1/89; Ord. 
289-90, App. 8/1/90) 

SEC. 660.14-1. FORFEITURE. 

(a) Any item of merchandise sold or offered 
for sale in violation of Section 660.2(j) of this 
Article which is in the possession of the City and 
County of San Francisco is subject to forfeiture 
pursuant to this section, provided that so long as 
the injunction imposed by the United States 
Court of Appeals for the Ninth Circuit in Case 
Number 88-1904 remains in effect, this section 
shall not apply to goods the sale of which is 



inextricably intertwined with a statement carry- 
ing a religious, political, philosophical or ideo- 
logical message. 

(b) An action to forfeit matter described in 
Subdivision (a) may be brought by the District 
Attorney or the City Attorney. Proceedings shall 
be initiated by a petition of forfeiture filed in the 
Superior Court. 

(c) The prosecuting agency shall make ser- 
vice of process of a notice regarding that petition 
upon every individual who may have a property 
interest in the property, which notice shall state 
that any interested party may file a verified 
claim with the Superior Court stating the amount 
of their claimed interest and an affirmation or 
denial of the prosecuting agency's allegation. If 
the notices cannot be given by registered mail or 
personal delivery, the notice shall be published 
for at least three successive weeks in a newspa- 
per of general circulation in the county where the 
property is located. All notices shall set forth the 
time within which a claim of interest in the goods 
seized is required to be filed. 

(d) (1) Any person claiming an interest in 
the property or proceeds may, at any time within 
30 days from the date of the first publication of 
the notice of seizure, or within 30 days after 
receipt of actual notice, file with the Superior 
Court a verified claim stating his or her interest 
in the property. A verified copy of the claim shall 
be given by the claimant to the District Attorney 
or City Attorney, as appropriate. 

(2) If, at the end of the time set forth in 
paragraph (1), an interested person has not filed 
a claim, the court, upon motion, shall declare 
that the person has defaulted upon his or her 
alleged interest, and it shall be subject to forfei- 
ture upon proof of compliance with Subdivision 
(c). All goods forfeited under this section shall be 
donated to charitable organizations having tax- 
exempt status under Section 501(c)(3) of the 
United States Internal Revenue Code for the 
purpose of having those goods distributed to 
those in need free of charge. 

(e) The burden shall be on the petitioner to 
prove beyond a reasonable doubt that matter is 
subject to forfeiture pursuant to this section. 



Sec. 660.14-1. 



San Francisco - Police Code 



392 



(f) It shall not be necessary to seek or obtain 
a criminal conviction prior to the entry of an 
order for the forfeiture of property pursuant to 
this section. Any property described in Subdivi- 
sion (a) which is in the possession of the City and 
County obtained as the result of a case in which 
no trial was had or which has been disposed of by 
way of dismissal or otherwise than by way of 
conviction may be ordered forfeited. (Added by 
Ord. 289-90, App. 8/1/90) 

SEC. 660.15. CITY UNDERTAKING 
LIMITED TO PROMOTION OF GENERAL 
WELFARE. 

In undertaking the adoption and enforce- 
ment of this ordinance, the City and County is 
assuming an undertaking only to promote the 
general welfare. It is not assuming, nor is it 
imposing on its officers and employees, an obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. (Amended by 
Ord. 106-87, App. 4/3/87) 

SEC. 660.16. SEVERABILITY. 

If any part of the ordinance, or the applica- 
tion thereof, to any person, charitable organiza- 
tion or circumstance is held invalid by the final 
judgment of a court of competent jurisdiction, 
the remainder of this ordinance, including the 
application of such part or provision to other 
persons, charitable organizations or circum- 
stances, shall not be affected thereby, and this 
ordinance shall otherwise continue in full force 
and effect and shall otherwise be fully operative. 
To this end, the provisions of this ordinance, and 
each of them, are hereby declared to be sever- 
able. (Amended by Ord. 106-87, App. 4/3/87) 

SEC. 660.17. PREEMPTION. 

In adopting this Article, the Board of Super- 
visors recognizes that it may not preempt or 
supersede, nor does it intend to preempt or 
supersede, any state law or regulation related to 
the use of public sidewalks, including those re- 
lated to obstruction of public sidewalks. Further, 
in adopting this legislation, the Board of Super- 
visors does not intent to repeal or amend any 



ordinance or regulation related to the use of the 
public sidewalks, including, but not limited to, 
Police Code Sections 22 through 24, exclusive, 
related to the obstruction of public sidewalks. 
(Amended by Ord. 106-87, App. 4/3/87) 



[The next page is 417] 



ARTICLE 10: REGULATIONS FOR ADVERTISING 



Sec. 665. Regulating Advertisement of 

Sale of Second-Hand or 
Defective Merchandise. 

Sec. 666. Signs — Gasoline Sales — Prices. 

Sec. 667. Signs — Dry Cleaning and 

Laundry Services — Prices. 

Sec. 674. Tobacco Advertising and 

Promotion Prohibited. 

Sec. 680. Advertising Vehicles Prohibited 

on City Streets. 
Sec. 681. [Reserved.] 

Sec. 702. Advertising on Street Car 

Windows Prohibited — 

Exceptions. 
Sec. 703. Penalty. 

Sec. 708. Display of Bulletin Board of 

Intelligence Office Near Street 

Prohibited. 
Sec. 709. Posting Signs on Private 

Property Prohibited; Penalty for 

Violation. 
Sec. 710. Findings. 

Sec. 710.1. Definitions. 
Sec. 710.2. On Street Sales Prohibited; 

Exception; Removal of Vehicles 

Authorized. 
Sec. 710.3. Penalty. 
Sec. 710.4. Severability. 

SEC. 665. REGULATING 
ADVERTISEMENT OF SALE OF 
SECOND-HAND OR DEFECTIVE 
MERCHANDISE. 

It shall be unlawful for any person, firm or 
corporation, in any newspaper, magazine, circu- 
lar, form letter or any open publication, pub- 
lished, distributed, or circulated in the City and 
County of San Francisco, or on any billboard, 
card, label or other advertising medium, or by 
means of any other advertising device, to adver- 
tise, call attention to, or give publicity to the sale 



of any merchandise, which merchandise is second- 
hand or used merchandise, or which merchan- 
dise is defective in any manner, or which mer- 
chandise consists of articles or units or parts 
known as "seconds," or blemished merchandise, 
or which merchandise has been rejected by the 
manufacturer thereof as not first class, unless 
there be conspicuously displayed directly in con- 
nection with the name and description of such 
merchandise and each specified article, unit or 
part thereof, a direct and unequivocable state- 
ment, phrase, or word which will clearly indicate 
that such merchandise or each article, unit or 
part thereof so advertised is second-hand, used, 
defective, or consists of "seconds" or is blemished 
merchandise, or has been rejected by the manu- 
facturer thereof, as the fact shall be. (Added by 
Ord. 1.075, App. 10/11/38) 



SEC. 666. 
PRICES. 



SIGNS— GASOLINE SALES— 



(a) Every person, firm, partnership, associa- 
tion, trustee, or corporation which owns, oper- 
ates, manages, leases or rents a gasoline service 
station offering for sale, selling or otherwise 
dispensing gasoline or other motor vehicle fuel to 
the public from such a gasoline service station 
abutting or adjacent to a street or highway shall 
post or cause to be posted or displayed and 
maintain at said premises at least one sign, 
banner or other advertising medium which is 
clearly visible from all traffic lanes in each 
direction on such street or highway. 

Each said sign, banner or other advertising 
medium shall be readable from said traffic lanes 
and shall indicate thereon the actual price per 
gallon, including all taxes, at which each grade 
of gasoline or other motor vehicle fuel is cur- 
rently being offered for sale, sold or otherwise 
dispensed, if at all, at said gasoline service 
station on said date. 



417 



Supp. No. 1, September 2006 



Sec. 666. 



San Francisco - Police Code 



418 



(b) Every person, firm, partnership, associa- 
tion, trustee or corporation which owns, oper- 
ates, manages, leases or rents a facility other 
than a gasoline service station which, as an 
incidental part of its operation, offers for sale, 
sells or otherwise dispenses gasoline or other 
motor vehicle fuel to the public from such a 
facility shall post or cause to be posted or dis- 
played and maintain at said premises at least 
one sign, banner or other advertising medium 
which is clearly visible to any motorist upon 
entry to said facility. 

Each said sign, banner or other advertising 
medium shall be readable upon said entry and 
shall indicate thereon the actual price per gallon, 
including all taxes, at which each grade of gaso- 
line or other motor vehicle fuel is currently being 
offered for sale, sold or otherwise dispensed, if at 
all, at said facility on said date. 

(c) No person, firm, partnership, associa- 
tion, trustee or corporation which owns, oper- 
ates, manages, leases or rents a gasoline service 
station or other facility offered for sale, selling or 
otherwise dispensing gasoline or other motor 
vehicle fuel to the public shall advertise, either 
in connection with any signs, banners or other 
advertising medium utilized to satisfy the re- 
quirements of this Section or otherwise, the price 
of any grade of gasoline or other motor vehicle 
fuel which is not immediately available to be sold 
or dispensed to the public at said premises. 

(d) Each sign, banner or other advertising 
medium posted, displayed or maintained pursu- 
ant to requirements of this Section shall not be 
inconsistent with the provisions of Article 8 of 
Chapter 7 of Division 8 (Section 20880 et seq.) of 
the State of California Business and Professions 
Code. 

(e) Penalty. Violation of this ordinance or 
any of its provisions constitutes a misdemeanor. 
Any person, whether an individual, corporation 
or other business entity and whether as princi- 
pal, agent, employee or otherwise, convicted of a 
violation of this ordinance or of any of its provi- 
sions shall be punished by a fine of not to exceed 
$500 or by imprisonment in the County Jail for 
not more than six months or by both such fine 



and imprisonment. This Chapter shall be en- 
forced by the Department of Agriculture and 
Weights and Measures as defined in Section 
20707 of the Business and Professions Code of 
the State of California, which shall have author- 
ity to make arrests and to issue written notices 
to appear as provided in Section 836.5 of the 
Penal Code of the State of California. (Amended 
by Ord. 541-74, App. 12/19/74) 

SEC. 667. SIGNS— DRY CLEANING AND 
LAUNDRY SERVICES— PRICES. 

(a) Every person, firm, partnership, associa- 
tion, franchise, or corporation which owns, oper- 
ates, manages, leases, or rents a business offer- 
ing to perform the service of dry cleaning or 
laundering articles made of fabric shall post or 
cause to be posted or displayed and maintain at 
said premises at least one sign, banner or other 
advertising medium which is clearly visible at 
the point of sale. 

Each such sign, banner or other advertising 
medium shall indicate thereon the actual price 
per article of clothing at which each dry cleaning 
or laundering service is being offered at said dry 
cleaning or laundry establishment. Whenever 
the listed charge is increased for special or 
nonstandardized handling that may be neces- 
sary, a price range shall be stated for each 
garment and the actual price charged shall not 
exceed the maximum price of the range. Notice of 
such pricing policy shall also be stated in the 
posting. 

(b) Penalty. Pursuant to Section 36900 (a) 
and (b) of the Government Code of the State of 
California, violation of the provisions of this 
Section by any person, whether an individual, 
corporation or other business entity and whether 
as principal, agent, employee or otherwise, shall 
be an infraction. Every violation is punishable by 

(1) a fine not exceeding $100 for a first violation; 

(2) a fine not exceeding $200 for a second viola- 
tion; (3) a fine not exceeding $500 for a third or 
more violations of the same ordinance within one 
year. (Added by Ord. 191-89, App. 6/5/89) 



Supp. No. 1, September 2006 



419 



Regulations for Advertising 



Sec. 674. 



SEC. 674. TOBACCO ADVERTISING AND 
PROMOTION PROHIBITED. 

(a) Title. This Section shall be known as 
the Prohibition of Tobacco Advertising and Pro- 
motion Ordinance. 

(b) Definitions. 

(1) "Tobacco product" shall mean any sub- 
stance containing tobacco leaf, including but not 
limited to cigarettes, cigars, pipes, tobacco, snuff, 
chewing tobacco and dipping tobacco. 

(2) "Advertising display sign" shall mean a 
sign, signboard, billboard, poster, freestanding 
sign or banner that is temporarily or perma- 
nently placed on or affixed to the ground, the 
sidewalk, a pole or post, or a building, or is 
displayed in the windows or doors of a commer- 
cial establishment, and that is used to advertise 
or promote products. 

(3) "Promote" or "promotion" shall include a 
display of any logo, brand name, character, graph- 
ics, colors, scenes, or designs that are trade- 
marks of a particular brand of tobacco product. 

(4) "Publicly visible location" shall mean 
any outdoor location that is visible from any 
street, sidewalk, or other public thoroughfare, or 
any location inside a commercial establishment 
immediately adjacent to a window or door where 
such location is visible from any street, sidewalk, 
or other public thoroughfare. 

(5) "Person" shall include any individual, 
firm, partnership, cooperative association, pri- 
vate corporation, personal representative, re- 
ceiver, trustee, assignee or other legal entity. 

(6) "Designated department" means any City 
department that the County Agricultural Com- 
missioner-Sealer of Weights and Measures has 
designated to assist with the implementation 
and enforcement of this Section. 

(c) Tobacco Advertising Prohibited. No 

person shall place or maintain, or cause or allow 
to be placed or maintained, in any manner any 
advertising or promotion of cigarettes or tobacco 
products on a billboard or advertising display 
sign in a publicly visible location in the City. 



(d) Exceptions. This Section shall not ap- 
ply to advertising or promotions for tobacco prod- 
ucts: 

(1) Located inside a commercial establish- 
ment, unless such advertising display sign or 
promotion is attached to, affixed to, leaning 
against, or otherwise in contact with any window 
or door in such a manner that it is visible from a 
street, sidewalk or other public thoroughfare; 

(2) On billboards located within 660 feet of 
any highway, excluding Van Ness Avenue and 
Lombard Street, if the billboard is oriented so as 
to be visible from the highway, except as prohib- 
ited by federal, State or other local law; 

(3) On vehicles; 

(4) On any sign located inside or immedi- 
ately outside a commercial establishment if the 
sign provides notice that the establishment sells 
tobacco products, so long as the sign does not 
promote any brand of tobacco product; 

(5) On tobacco product packaging. 

(e) Effective Date. This Section shall be- 
come operative six months after the date it is 
finally adopted. 

(f) Administration and Enforcement. 

(1) Except as otherwise provided, this Sec- 
tion shall be administered and enforced by the 
Department of Agriculture/Weights and Mea- 
sures. 

(2) The County Agricultural Commissioner- 
Sealer of Weights and Measures shall develop 
guidelines, as appropriate, to ensure proper imple- 
mentation and enforcement of this Section. At 
the request of the County Agricultural Commis- 
sioner-Sealer of Weights and Measures, other 
City departments such as the Department of 
Public Works and the Planning Department shall 
assist with the implementation and enforcement 
of this Section. 

(3) The County Agricultural Commissioner- 
Sealer of Weights and Measures or a designated 
department shall review and act upon any writ- 
ten complaint submitted by any private citizen 
or City officer or employee concerning any adver- 
tising or promotion prohibited by this Section, 
within 30 days of receipt of the complaint. The 



Supp. No. 1, September 2006 



Sec. 674. 



San Francisco - Police Code 



420 



County Agricultural Commissioner-Sealer of 
Weights and Measures or a designated depart- 
ment shall serve notice requiring correction of 
any violation of this Section upon the person 
responsible for the advertising display sign or 
promotion prohibited by this Section. The notice 
shall specify a date by which the violation shall 
be corrected. For billboards that display material 
prohibited by this Section, the date specified 
shall provide at least five days for correction. For 
all other violations, the date specified shall pro- 
vide at least two days for correction. 

(4) The City Attorney is authorized to en- 
force this Section by appropriate civil action. No 
such action shall be commenced, however, unless 
and until the County Agricultural Commissioner- 
Sealer of Weights and Measures or a designated 
department has issued a notice requiring correc- 
tion to any person responsible for any advertis- 
ing display or promotion prohibited by this Sec- 
tion, the time specified in the notice has passed, 
and the responsible person has failed to comply 
with this Section. However, if three notices re- 
quiring the correction of any violation of this 
Section (whether the violation involves the same 
or different displays) are served on any person 
within a 30-day period, the City Attorney may 
pursue the remedies set forth in this Section 
against that person without the serving of an- 
other notice, if the additional violation occurs 
within 90 days of the serving of the third notice. 

(5) Violation of this Section shall constitute 
grounds for injunctive relief. In addition, any 
person who violates or refuses to comply with the 
provisions of this Section shall be liable for a civil 
penalty of $100 a day for each violation, which 
penalty shall be assessed and recovered in a civil 
action brought in the name of the People of the 
City and County of San Francisco in any court of 
competent jurisdiction. Each separate display of 
tobacco advertising or promotion prohibited by 
this Section shall be considered a separate vio- 
lation. Each day such violation is committed or 
permitted to continue shall constitute a separate 
violation. In those instances in which a notice of 
correction is required by this Section, there shall 
be no penalty assessed for displays that occur 
during the period of time allowed for correction. 



Any penalty assessed and recovered in an action 
brought pursuant to this paragraph shall be paid 
to the Treasurer of the City and County of San 
Francisco. The person against whom a penalty is 
assessed, or against whom an injunction is ob- 
tained, also shall be liable for the costs of attorney's 
fees incurred by the City and County of San 
Francisco in bringing any civil action to enforce 
the provisions of this Section. 

(6) For purposes of determining liability of 
persons, firms or corporations controlling fran- 
chises or business operations in multiple loca- 
tions, each individual franchise or business loca- 
tion shall be deemed a separate entity. 

(g) Intent as to Additional Legal Restric- 
tions and Remedies. 

(1) Nothing in this Section is intended to 
alter the obligations or restrictions that apply to 
any person under any other law governing signs, 
billboards, tobacco advertising or any other mat- 
ter covered by this Section. 

(2) The remedies set forth in this Section 
are not exclusive. If any action prohibited by this 
Section is also unlawful under any other law, the 
penalties and remedies under such other laws 
may be pursued in addition to those provided in 
this Section. 

(h) Disclaimers. By prohibiting the adver- 
tising or promotion of tobacco products in out- 
door or publicly visible locations, the City and 
County of San Francisco is assuming an under- 
taking only to promote the general welfare. It is 
not assuming, nor is it imposing on its officers 
and employees, an obligation for breach of which 
it is liable in money damages to any person who 
claims that such breach proximately caused in- 
jury. 

(i) Severability. If any provision of this 
Section or its application to any person or cir- 
cumstance is held invalid, this Section, to the 
extent it can be given effect, or the application of 
this Section to persons other than the person to 
whom it is held invalid, shall not be affected 
thereby, and to this end, the provisions of this 
Section are severable. (Added by Ord. 1-98, App. 
1/16/98; amended by Ord. 187-04, File No. 040759, 
App. 7/22/2004) 



Supp. No. 1, September 2006 



421 



Regulations for Advertising 



Sec. 680. 



SEC. 680. ADVERTISING VEHICLES 
PROHIBITED ON CITY STREETS. 

(a) Findings and Purpose. The inherent 
primary purpose of commercial advertising ve- 
hicles is to display commercial advertising on 
public streets. By their nature, commercial ad- 
vertising vehicles are intended to distract, and 
aim to capture and hold the attention of, mem- 
bers of the public on or adjoining public streets, 
including drivers, pedestrians, bicyclists, and 
others. Moreover, such vehicles display commer- 
cial advertising from a mobile platform, includ- 
ing while the vehicle is moving within the flow of 
traffic, potentially stopping, starting, or turning 
abruptly, accentuating the inherent tendency of 
such advertising to seize attention and to dis- 
tract. Additionally, the use of motor vehicles to 
display commercial advertising creates exhaust 
emissions. For these reasons, the Board of Su- 
pervisors finds that commercial advertising ve- 
hicles create aesthetic blight and visual clutter 
and create potential and actual traffic and health 
and safety hazards. The purposes of this section 
are (1) to promote the public health, safety and 
welfare of motorists, pedestrians, bicyclists, and 
others using the City's public streets and road- 
ways and adjoining areas, by eliminating the 
aesthetic blight and visual clutter and traffic and 
safety hazards caused by the operation of com- 
mercial advertising vehicles on the City's streets; 
(2) to reduce congestion on the City's streets; (3) 
to reduce exhaust emissions, by eliminating as 
an emissions source a type of commercial adver- 
tising display whose use may require continuous 
or extensive operation of motor vehicle engines; 
(4) to protect public investment in and the char- 
acter and dignity of the City's streets; and (5) to 
aid in the attraction of tourists and other visitors 
who are so important to the economy of the City. 
This section is not intended to regulate any 
non-commercial speech, including non-commer- 
cial advertising or signage. 

(b) Prohibition. No person may operate 
any commercial advertising vehicle in or on any 
public street in the City and County of San 
Francisco. 



(c) Definitions. As used in this Section, the 
following terms shall have the following mean- 
ings: 

(1) "City" means the City and County of San 
Francisco. 

(2) "Commercial advertising vehicle" means 
a motor vehicle that is carrying, towing, or 
otherwise displaying any commercial advertis- 
ing sign, unless the vehicle is used primarily to 
transport passengers or goods. 

(3) "Commercial advertising sign" means a 
banner, placard, poster, card, picture, sign or 
display that does no more than propose a com- 
mercial transaction. 

(d) Enforcement. 

(1) The Police Department shall issue a 
written notice of violation concerning, and requir- 
ing the immediate correction of, any violation of 
this Section to the driver of any commercial 
advertising vehicle that is being driven or used 
in violation of this Section, as well as to the 
owner or other person responsible for the ve- 
hicle, if the identity of that owner or other person 
is known or readily ascertainable. If issued to the 
driver of a commercial advertising vehicle, the 
notice shall require the driver to inform the 
owner or other person responsible for the opera- 
tion of the commercial advertising vehicle of the 
notice and of the violation to which it relates. 
Notice to the driver of a commercial advertising 
vehicle under this subsection shall be deemed 
notice to the owner or other person responsible 
for the operation of the vehicle. 

(2) The City Attorney is authorized to en- 
force this Section by appropriate civil action. No 
such action shall be commenced against any 
person unless and until the Police Department 
has issued a notice of violation requiring correc- 
tion to that person, as specified above, and that 
person has failed to comply with this Section and 
with that notice. In any civil action brought to 
enforce this Section, the City Attorney may pur- 
sue the remedies set forth in this Section for the 
violation of this Section that is subject of the 
notice, as well as for any subsequent violations of 
this Section that have occurred within one year 
after the issuance of the notice without regard to 



Supp. No. 1, September 2006 



Sec. 680. 



San Francisco ■ Police Code 



422 



whether the Police Department issued subse- 
quent notices concerning those subsequent vio- 
lations. 

(3) Violation of this Section shall constitute 
grounds for injunctive relief. In addition, any 
person who violates or refuses to comply with the 
provisions of this Section shall be liable for a civil 
penalty which shall be assessed and recovered in 
a civil action brought in the name of the People of 
the City and County of San Francisco in any 
court of competent jurisdiction. Each separate 
display of commercial advertising prohibited by 
this Section, and each day that a violation of this 
Section is committed or permitted to continue, 
shall constitute a separate violation. The amount 
of such civil penalty shall be $250 for the first 
violation, $350 for the second violation, and $500 
for each subsequent violation of this Section. Any 
penalty assessed and recovered in an action 
brought pursuant to this paragraph shall be paid 
to the Treasurer of the City and County of San 
Francisco. The person against whom a penalty is 
assessed, or against whom an injunction is ob- 
tained, also shall be liable for the costs and 
attorney's fees incurred by the City and County 
of San Francisco in bringing any civil action to 
enforce the provisions of this Section. 

(4) Violation of this Section shall not consti- 
tute a criminal offense. 

(5) In any action brought to enforce this 
Section, the City Attorney may also seek any 
remedies available under state or federal law. 
(Added by Ord. 70-92, App. 3/4/92; amended by 
Ord. 234-00, File No. 001261, App. 10/13/00) 

SEC. 681. [RESERVED.] 

Editor's Note: 

Ord. 214-06, File No. 060826, approved August 7, 
2006, repealed § 681 which pertained to parking of 
vehicles for commercial advertising purposes prohib- 
ited. The user's attention is directed to § 63.3 of the 
Traffic Code for similar provisions. 

SEC. 702. ADVERTISING ON STREET 
CAR WINDOWS PROHIBITED— 
EXCEPTIONS. 

It shall be unlawful for any person, firm or 
corporation operating street railways within the 



City and County of San Francisco, to post or 
allow to be posted on the windows of street cars 
operated on the streets of the City and County of 
San Francisco, any form of advertisement; pro- 
vided, however, that the terms of this Section 
shall not prohibit the making use of street car 
windows for the purpose of advertising matters 
necessary to the operation of said street rail- 
ways, or announcements regularly made by the 
Red Cross, United States or Municipal govern- 
ment authority. (Added by Ord. 1.075, App. 10/ 
11/38) 

SEC. 703. PENALTY. 

Any person, firm or corporation violating any 
of the terms or provisions of Section 702 of this 
Article shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof shall be punished 
by a fine of not more than $500. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 708. DISPLAY OF BULLETIN 
BOARD OF INTELLIGENCE OFFICE 
NEAR STREET PROHIBITED. 

It shall be unlawful for any person keeping 
an intelligence office in the City and County of 
San Francisco to display the bulletin of said 
office, or the notices of employment or of labor, or 
of services desired or offered, so near to the 
street as to cause a crowd to assemble, or remain 
on the street or sidewalk in front of said office, or 
to display the same within 10 feet of the inner 
line of the sidewalk in front of said office. (Added 
by Ord. 1.075, App. 10/11/38) 

SEC. 709. POSTING SIGNS ON PRIVATE 
PROPERTY PROHIBITED; PENALTY FOR 
VIOLATION. 

(a) (1) When used in this Section, the term 
"sign" shall mean any card, banner, handbill, or 
poster or any object containing or bearing writ- 
ing, drawing, painting, figures, designs or sym- 
bols. 

(2) When used in this Section, the term 
"person" shall mean any individual, association, 
corporation, political party, religious body, or 
organization of any kind, but it does not include 



Supp. No. 1, September 2006 



423 



Regulations for Advertising 



Sec. 710.2. 



public officers or employees in the performance 
of their duties or persons acting under authority 
of law. 

(b) It shall be unlawful for any person to 
post or affix any sign to the exterior surfaces of 
any structure, including any building, on private 
property without consent of the owner of such 
property or the person in lawful possession of 
such property. If any sign has been posted in a 
manner described in this Section and remains so 
posted on the effective date of this ordinance, it 
shall be unlawful for any person who so posted it 
or caused it to be so posted to fail to remove that 
sign within a reasonable period of time after so 
being informed. 

(c) Any person violating Section 709 of this 
Code shall be deemed guilty of an infraction, and 
upon such conviction shall be fined not less than 
$50 nor more than $500. (Added by Ord. 364-82, 
App. 7/30/82) 

SEC. 710. FINDINGS. 

The Board of Supervisors of the City and 
County of San Francisco hereby finds and de- 
clares that: (a) there is a critical shortage of 
on-street parking places in the residential areas 
of the City and County; (b) the critical shortage 
is exacerbated by the fact that many single- 
family residences and apartment buildings have 
either no garages or have fewer garages than 
dwelling units; (c) that many residents of the 
City and County already find they must park 
many blocks from their residence; (d) that the 
critical parking shortage is further exacerbated 
by the practice of people parking vehicles on the 
street in residential areas for days at a time for 
the sole purpose of displaying same for private 
sale; (e) that because of the critical need for 
parking in the residential neighborhoods, the 
City must now regulate the use of residential 
area on-street parking spaces for purposes of 
selling vehicles; (f) to promote the safety and 
welfare of the residents of the City and County of 
San Francisco and to assure an equitable method 
of regulation, it is necessary to regulate the 
display of vehicles for the purpose of sale in 
on-street parking spaces. (Added by Ord. 10-86, 
App. 1/17/86) 



SEC. 710.1. DEFINITIONS. 

(a) "City" shall mean the City and County of 
San Francisco. 

(b) "Display for sale" shall mean to place a 
vehicle upon the public streets for the purpose of 
offering the vehicle for sale or for soliciting offers 
to purchase the vehicle. 

(c) "Owner" shall mean any person, firm, 
partnership, corporation, or association whose 
name appears on the registration document as 
the registered owner for the automobile on file 
with the State Department of Motor Vehicles. 

(d) "Park" or "parking" shall mean the stand- 
ing of a vehicle, whether occupied or not, other- 
wise than temporarily for the purpose of and 
while actually engaged in loading or unloading 
merchandise or passengers. 

(e) "Police Department" shall mean the Chief 
of Police or the designee thereof. 

(f) "Residence of Owner" shall mean the 
residence of the registered owner of the vehicle 
as shown on the vehicle registration papers 
issued by the Department of Motor Vehicles or on 
file with Department of Motor Vehicles. 

(g) "Vehicle" shall mean any device by which 
any person or property may be propelled, moved, 
or drawn upon a street or highway excepting a 
device moved by human power or used exclu- 
sively upon stationary rails or tracks or any 
object placed thereon. (Added by Ord. 10-86, 
App. 1/17/86) 

SEC. 710.2. ON STREET SALES 
PROHIBITED; EXCEPTION; REMOVAL 
OF VEHICLES AUTHORIZED. 

It shall be unlawful for any person to park a 
vehicle on an on-street parking place for the 
purpose of displaying same for sale unless the 
vehicle is parked within 600 feet of the residence 
of the registered owner of the vehicle. Pursuant 
to Section 22651.9 of the California Vehicle Code, 
any vehicle parked on any street or highway 
within the City and County of San Francisco in 
violation of this Section may be removed and 
impounded in accordance with Article 9 of the 
San Francisco Traffic Code, provided that (a) 
such vehicle has been issued a notice of parking 



Supp. No. 1, September 2006 



Sec. 710.2. San Francisco - Police Code 424 

violation for violation of this Section within the 
past 30 days, (b) such previous notice of parking 
violation was accompanied by a warning that an 
additional violation may result in the removal 
and impoundment of the vehicle, (c) a subse- 
quent notice of parking violation was issued at 
least 24 hours prior to the removal of the vehicle, 
and (d) any other conditions to the removal of the 
vehicle set forth in Section 22651.9 of the Cali- 
fornia Vehicle Code have been satisfied. (Added 
by Ord. 10-86, App. 1/17/86; amended by Ord. 
332-93, App. 10/22/93; Ord. 347-93, App. 11/31/ 
93; Ord. 213-95, App. 6/30/95) 

SEC. 710.3. PENALTY. 

Violations of this Article shall be punishable 
as an infraction, punishable by a fine of not more 
than $100 for each violation. (Added by Ord. 
10-86, App. 1/17/86) 

SEC. 710.4. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase in this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by a 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this ordinance or any part 
thereof. The Board of Supervisors of the City 
hereby declares that it would have passed each 
section, subsection, subdivision, paragraph, sen- 
tence, clause or phrase thereof irrespective of the 
fact that any one or more sections, subsections, 
subdivisions, paragraphs, sentences, clauses or 
phrases be declared unconstitutional, invalid or 
ineffective. (Added by Ord. 10-86, App. 1/17/86) 



[The next page is 435] Supp. No. 1, September 2006 



ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR 

DRAWINGS ON NEWSRACKS 



Sec. 715. Definitions. 

Sec. 716. Newsracks on Sidewalks. 

Sec. 717. Provisions for Removal — Notice 

Requirements. 
Sec. 718. Public Nuisance Declared. 

Sec. 719. Penalty Provision Not 

Applicable. 

Sec. 720. Severability. 

SEC. 715. DEFINITIONS. 

(a) "Person" is an individual, firm, partner- 
ship, joint adventure, association, social club, 
fraternal organization, joint stock company, cor- 
poration, estate, trust, business trust, receiver, 
trustee, syndicate, or any other group or combi- 
nation acting as a unit, excepting the United 
States of America, the State of California, or any 
political subdivision thereof. 

(b) "Street" is a way or place of whatever 
nature, publicly maintained and open to the use 
of the public. 

(c) "Sidewalk" is that portion of a street 
other than the roadway, set apart by curbs, 
barriers, markings or other delineation for pe- 
destrian traffic. 

(d) "Newsrack" is any self-service or coin- 
operated box, container, storage unit, or other 
dispenser installed, used, or maintained for the 
display and sale of newspapers or news periodi- 
cals. (Added by Ord. 66-75, App. 3/7/75) 

SEC. 716. NEWSRACKS ON SIDEWALKS. 

No person shall sell, offer for sale, or keep or 
maintain any newspaper or news periodical in 
any newsrack located on any public sidewalk or 
street in such a manner as to expose to the public 
view any photograph, cartoon or drawing, con- 
tained within such publication, displaying any of 
the following: 

(1) The genitals, pubic hair, buttocks, natal 
cleft, perineum, anal region or pubic hair region 
of any person other than a child under the age of 
puberty; 



(2) Any portion of the breast, at or below 
the areola thereof, of any female person, other 
than a child under the age of puberty. (Added by 
Ord. 66-75, App. 3/7/75) 

SEC. 717. PROVISIONS FOR 
REMOVAL— NOTICE REQUIREMENTS. 

Any newsrack installed, used or maintained 
in violation of the provisions of this Article shall 
be removed to a place of storage by the Chief of 
Police or any officer or employee designated by 
him. Within 24 hours after the seizure of the 
newsrack, Saturdays, Sundays and holidays ex- 
cluded, the Chief of Police shall notify the owner 
by certified mail of the removal of the newsrack 
at the address affixed thereto; if no address or 
telephone number is affixed to the newsrack, the 
Chief of Police shall make such notification as is 
reasonably indicated by the contents of the news- 
rack. Upon failure of the owner to claim such 
newsrack and pay the expenses of removal and 
storage within 30 days after such removal, said 
newsrack shall be disposed of pursuant to the 
provisions of Section 1400 of Part II, Chapter 
VIII of the San Francisco Municipal Code (Police 
Code). (Added by Ord. 66-75, App. 3/7/75) 

SEC. 718. PUBLIC NUISANCE 
DECLARED. 

The Board of Supervisors of the City and 
County of San Francisco finds and declares that 
the maintenance of newsracks on public side- 
walks and parkways containing newspapers and 
news periodicals that contain photographs and 
drawings, visible to the public view while in said 
newsracks, of those portions of nude human 
bodies as specified in Section 716 of the San 
Francisco Police Code, constitutes a public nui- 
sance upon the sidewalks and parkways of said 
City and County, and the ready availability of 
such creates a condition wherein enforcement of 
the Penal Code of the State of California regard- 



435 



Sec. 718. San Francisco ■ Police Code 436 

ing the sale of harmful matter to minors becomes 
extremely difficult, and the City and County, 
through its law enforcement agencies, is unable 
to enforce the provisions of the Penal Code 
relating to harmful matter as it should be en- 
forced. (Added by Ord. 66-75, App. 3/7/75) 

SEC. 719. PENALTY PROVISION NOT 
APPLICABLE. 

Section 16 of Ordinance No. 1.075 (Bill No. 
1734) shall not apply to the provisions of this 
Article. (Added by Ord. 66-75, App. 3/7/75) 

SEC. 720. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Article or any part 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause or phrase thereof irrespective of the fact 
that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, clauses or 
phrases be declared unconstitutional or invalid 
or ineffective. (Added by Ord. 66-75, App. 3/7/75) 



[The next page is 441] 



ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES 



Sec. 750. Operating Conditions for 

Computer Rental Businesses. 

Sec. 751. Signage. 

Sec. 752. Penalty. 

Sec. 753. Severability; Savings Clause. 

SEC. 750. OPERATING CONDITIONS 
FOR COMPUTER RENTAL BUSINESSES. 

Any person who owns or operates ("Opera- 
tor") a business the primary operations of which 
are for the on-premises rental of computer time 
("Computer Rental Business") shall comply with 
the mandatory conditions and standards set forth 
in this Section. For purposes of this section, the 
on-premises rental of computer time shall be 
deemed to be the primary operations of the 
business if 90% or more of its annual gross 
revenue is derived from the on-premises rental 
of computers. 

(a) An operator of a Computer Rental Busi- 
ness may not knowingly rent or allow the 
operator's employees to knowingly rent joysticks, 
game pads, or other game controllers, or rent 
time on a computer for purposes of playing 
computer games, to any person under the age of 
17 ("minor") during the school year from the day 
after Labor Day to Memorial Day, Monday through 
Friday, except legal holidays, between the hours 
of 8:00 a.m. and 3:00 p.m., and between the 
hours of 11:00 p.m. and 8:00 a.m. on all days 
preceding school days. For purposes of this sec- 
tion, "computer games" shall mean hardware 
and computer programs and associated data 
capable of generating a display on a computer 
monitor, television screen, liquid crystal display 
or similar medium for playing an interactive 
game designed for recreational or entertainment 
purposes. This section shall not apply if the 
minor is accompanied by a parent, legal guard- 
ian or authorized agent of the School District or 
school in which the minor is enrolled, or the 
minor provides verifiable documentation from 
the School District or school that he or she is not 
scheduled to be attending classes at that time. 



(b) All Computer Rental Businesses shall 
employ or provide adult attendants or supervi- 
sors, age 18 or over, at a ratio of not less than one 
attendant/supervisor for each 25 computers. The 
attendants/supervisors shall supervise the pa- 
trons on and about the premises to prevent 
conduct by patrons that is injurious to the health, 
safety and general welfare of other patrons and 
the public. 

(c) An operator of a Computer Rental Busi- 
ness may not maintain a waiting list in excess of 
the seating capacity of its waiting area. 

(d) An operator of a Computer Rental Busi- 
ness shall post the hours of operation and com- 
puter rental rates in a conspicuous place. 

(e) Members of the Police Department shall 
have access to any Computer Rental Business 
regulated by this Section at any and all times the 
business is in operation, and may inspect the 
premises to ensure compliance with this Section. 

(f) Nothing in this Article may be construed 
to prohibit any person operating a Computer 
Rental Business from obtaining an extended 
hours premises permit pursuant to Article 15.2 
of the Police Code. (Added by Ord. 40-05, File No. 
041488, App. 2/26/2005) 

SEC. 751. SIGNAGE. 

An operator of a Computer Rental Business 
may post a sign or signs on or in the immediate 
vicinity of the cash register stating "MINORS 
NOT ALLOWED DURING SCHOOL HOURS 
FOR PURPOSES OF PLAYING COMPUTER 
GAMES" or words of similar meaning, which 
sign may refer to this ordinance. (Added by Ord. 
40-05, File No. 041488, App. 2/26/2005) 

SEC. 752. PENALTY. 

Any person who violates any provision of 
Section 750 shall be guilty of an infraction, the 
penalty for which shall be as follows: 

(a) A fine of $100 for the first violation; 



441 



Sec. 752. San Francisco - Police Code 442 

(b) A fine of $250 for a second violation 
occurring within six months of a prior violation; 
and 

(c) A fine of $750 for a third and each 
subsequent violation occurring within six months 
of a prior violation. (Added by Ord. 40-05, File 
No. 041488, App. 2/26/2005) 

SEC. 753. SEVERABILITY; SAVINGS 
CLAUSE. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article, 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Article. The Board of 
Supervisors hereby declares that it would have 
passed each section, subsection, subdivision, para- 
graph, clause and phrase thereof irrespective of 
whether any one or more sections, subsections, 
subdivisions, paragraphs, sentences, clauses or 
phrases be held unconstitutional or invalid or 
ineffective. (Added by Ord. 40-05, File No. 041488, 
App. 2/26/2005) 



[The next page is 449] 



ARTICLE 11: REGULATIONS FOR AMUSEMENTS 



Sec. 
Sec. 


766. 
770. 


Penalty. 

Providing for Permits For 

Operators of Miniature Golf 

Courses. 


Sec. 
Sec. 


770.1. 

771. 


Filing Fee. 

"Miniature Golf Course" 

Defined. 


Sec. 
Sec. 


772. 
773. 


Regulations by Department of 

Electricity. 

Regulations For Operation of 

Miniature Golf Course. 


Sec. 


774. 


Revocation of Permit. 


Sec. 
Sec. 
Sec. 


775. 
777. 
778. 


Closing Time. 
Radio Regulations. 
License Fee. 


Sec. 


779. 


Construction Permit. 


Sec. 
Sec. 


780. 
781. 


Posting. 
Penalty. 



Sec. 748. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 764. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

Sec. 765. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 766. PENALTY. 

Any person who shall violate the provisions 
of Sections 764 and 765 of this Article shall be 
guilty of a misdemeanor, and, upon conviction, 
shall be punishable by a fine of not less than $10 
nor more than $25, or imprisonment in the 
County Jail not less than two days nor more than 
10 days, or by both such fine and imprisonment. 
(Added by Ord. 1.075, App. 10/11/38) 



SEC. 770. PROVIDING FOR PERMITS 
FOR OPERATORS OF MINIATURE GOLF 
COURSES. 

Any person, firm or corporation hereafter 
desiring to establish, conduct or operate a min- 
iature golf course shall file a written application 
with the Police Department, which application 
shall state the name and address of the applicant 
and the proposed location of said miniature golf 
course and whether same is to be conducted 
indoors or outdoors. 

The Police Department, in its discretion, af- 
ter posting notice of said application upon the 
premises for not less than 10 days, may issue, or 
deny, permits to establish, conduct and operate 
miniature golf courses, and such permits shall be 
revocable by said Department as hereinafter 
provided. Permits shall not be transferred with- 
out application to and approval by the Police 
Department. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 770.1. FILING FEE. 

Every person, firm or corporation desiring a 
permit pursuant to Section 770 of this Article 
shall file an application with the Chief of Police 
upon a form provided by said Chief of Police and 
shall pay a filing fee. (Added by Ord. 555-81, 
App. 11/12/81) 

SEC. 771. "MINIATURE GOLF COURSE" 
DEFINED. 

The term "Miniature Golf Course" as used in 
Sections 770 to 780, inclusive, of this Article, 
shall include putting courses, golf practice courses, 
golf nets and golf schools. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 772. REGULATIONS BY 
DEPARTMENT OF ELECTRICITY. 

In addition to the inspection of the electrical 
installation the Department of Electricity is hereby 
authorized to regulate the placing and erecting 



449 



Sec. 772. 



San Francisco - Police Code 



450 



of all flood lights, reflector lights and all lighting 
units on miniature golf courses now existing or 
hereafter established to prevent objectionable 
glare being thrown directly upon any street or 
thoroughfare, window or door of any hotel, apart- 
ment, fiat, residence, hospital, or any other struc- 
ture which would constitute a nuisance or endan- 
ger life. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 773. REGULATIONS FOR 
OPERATION OF MINIATURE GOLF 
COURSE. 

No person attending or playing upon any 
miniature golf course shall thereon cause, and no 
person, firm or corporation owning, conducting 
or operating any miniature golf course, shall 
permit or suffer thereon to be caused, any loud, 
boisterous, unusual or disorderly noise, sound, 
tumult, or outcry. Any noise, sound or outcry 
occurring between 10:00 p.m. and 9:00 a.m. and 
capable of being heard more than 26 feet from 
the exterior boundaries of any miniature golf 
course is hereby declared to be, and shall be 
conclusively determined to be, loud, boisterous, 
unusual and disorderly. In any prosecution for a 
violation of Sections 770 to 780, inclusive, of this 
Article, or in any proceeding for a revocation of 
permit, as hereinafter provided, the establish- 
ment of the fact of any such noise, sound or 
outcry as herein defined, shall conclusively im- 
pute responsibility therefor to the person, firm or 
corporation owning, operating or conducting said 
miniature golf course and it shall be conclusively 
determined therefrom that said noise, sound or 
outcry was permitted or suffered to be caused by 
said person, firm or corporation. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 774. REVOCATION OF PERMIT. 

In the event of any violation of Sections 770 
to 780, inclusive, of this Article, or in the event of 
any conduct, maintenance or operation of any 
miniature golf course in such manner as to 
disturb the peace, constitute a nuisance, depre- 
ciate the value of any hotel, apartment, rooming- 
house, flat, residence or hospital or as to annoy 
or disturb any roomer, lessee, tenant or occupant 
therein, the Police Department shall have power, 



upon hearing to show cause, to revoke any per- 
mit issued by it for the operation of any minia- 
ture golf course. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 775. CLOSING TIME. 

All outdoor miniature golf courses within 100 
feet of any occupied hotel, apartment house, 
rooming house, flat, residence, hospital or other 
dwelling, shall be closed between the hours of 
12:00 p.m. and 7:00 a.m. The foregoing closing 
limitations shall not apply to any outdoor min- 
iature golf course as to which the owners or 
operators thereof shall have procured from all 
owners and lessees of any occupied hotel, apart- 
ment house, rooming house, flat, residence, hos- 
pital, and other dwelling situated within 100 feet 
of the exterior boundaries of said golf course, the 
written consents of said owners and lessees to 
the continued operation of such golf course after 
the closing hours herein provided, and said con- 
sents shall have been filed with the Police De- 
partment. During the hours which said outdoor 
courses must remain closed as herein designated 
all illuminating devices shall remain turned off. 
(Added by Ord. 1.075, App. 10/11/38) 

Sec. 776. 

(Added by Ord. 1.075, App. 10/11/38; repealed by 

Ord. 14-02, File No. 011845, App. 2/8/2002) 

SEC. 777. RADIO REGULATIONS. 

All radios, sound amplifiers, phonographs or 
other music producing apparatus shall be turned 
off or stopped on outdoor miniature golf courses 
between 10:00 p.m. and 10:00 a.m. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 778. LICENSE FEE. 

On presentation of a permit to operate a 
miniature golf course the Tax Collector is hereby 
authorized to issue a license for said miniature 
golf course upon payment of the license fee, 
annually in advance for each fiscal year com- 
mencing on the first day of July. (Amended by 
Ord. 555-81, App. 11/12/81) 



451 Regulations for Amusements Sec. 781. 

SEC. 779. CONSTRUCTION PERMIT. 

No permit shall be granted by the Police 
Department until and after applicant has ob- 
tained a construction permit from the Director of 
Public Works. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 780. POSTING. 

A copy of Sections 770 to 781, inclusive, of 
this Article shall be posted and maintained in a 
conspicuous place on such golf course. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 781. PENALTY. 

Any person, firm or corporation violating any 
of the provisions of Sections 770 to 780, inclu- 
sive, of this Article, shall be deemed guilty of a 
misdemeanor, and, upon conviction thereof, shall 
be punishable by a fine not to exceed $250, or by 
imprisonment in the County Jail not exceeding 
90 days, or by both such fine and imprisonment. 
(Added by Ord. 1.075, App. 10/11/38) 




Sec. 781. San Francisco - Police Code 452 



[The next page is 461] 



ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES 



Sec. 788. Commercial Display of Dead 

Human Bodies. 

SEC. 788. COMMERCIAL DISPLAY OF 
DEAD HUMAN BODIES. 

(a) It shall be unlawful to display to the 
public all or part of a dead human body or bodies 
for consideration or commercial purposes with- 
out valid written authorization from the de- 
ceased, which consent may be given in the last 
will of the deceased, or by a person who has the 
right to control the disposition of the remains 
pursuant to California Health and Safety Code 
Sections 7100 et seq., as amended, or any suc- 
cessor legislation. The Director of Public Health 
or the Director's designee shall determine the 
adequacy of the documentation offered to estab- 
lish consent. 

(b) The provisions of this Section shall not 
apply to the display of human remains: 

(1) More than 100 years old; 

(2) Consisting solely of human teeth or hair; 

(3) As part of the ordinary display or view- 
ing of the deceased at a licensed funeral estab- 
lishment under Article 2, Chapter 12, Division 3 
of the California Business and Professions Code 
(beginning with Section 7615), as amended, or 
any successor legislation, or as part of a similar 
funeral or memorial service; or, 

(4) As objects of religious veneration. 

(c) Any human remains in the possession of 
an institution accredited by the American Asso- 
ciation of Museums, or in the possession of a 
museum facility of an accredited college or uni- 
versity, shall be presumed to be held in compli- 
ance with this Section. 

(d) Violation of this Section shall be a mis- 
demeanor, punishable by imprisonment in the 
county jail for a period not to exceed one year, a 
fine not to exceed $1,000, or both. The City 



Attorney may also bring a civil action to enjoin a 
violation of this Section. (Added by Ord. 222-05, 
File No. 051034, App. 9/9/2005) 



461 



Sec. 788. San Francisco - Police Code 462 



[The next page is 469] 



ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES 

PERMIT AND LICENSE PROVISIONS 



Sec. 791. Definitions. 

Sec. 791.1. Regulations of Signs. 
Sec. 791.2. Visibility From the Street. 
Sec. 791.3. Penalty — Misdemeanor or 

Infraction. 
Sec. 791.4. Effective Date. 



SEC. 791. DEFINITIONS. 

For the purpose of this Article, the following 
words and phrases shall mean and include: 

(a) Adult Bookstore. An establishment hav- 
ing 25 percent or more of its total inventory or 
product lines books, magazines or periodicals 
which are distinguished or characterized by their 
emphasis on matter depicting, describing or re- 
lating to "Specified Sexual Activities" or "Speci- 
fied Anatomical Areas" as defined herein, or an 
establishment which devotes 25 percent or more 
of its floor or display space to the sale or display 
of such material. The term "product line" refers 
to items which are all identical, such as numer- 
ous copies of the same book or periodical. 

(b) Adult Theater. A theater as defined 
herein which is used more than 10 percent of its 
presentation time, measured on an annual basis, 
for the exhibition or display of entertainment 
which is distinguished or characterized by an 
emphasis on matter depicting, describing or re- 
lating to "Specified Sexual Activities" or "Speci- 
fied Anatomical Areas" as defined herein. 

(c) Specified Sexual Activities. 

1 . Human genitals in a state of sexual stimu- 
lation or arousal; 

2. Acts of human masturbation, sexual in- 
tercourse or sodomy; 

3. Fondling or other erotic touching of hu- 
man genitals, pubic region, buttock or female 
breast. 



(d) Specified Anatomical Areas. 

1. Less than completely and opaquely cov- 
ered 

(a) Human genitals, pubic hair, buttock, 
natal cleft, perineum, anal region, and 

(b) Female breast at or below the areola 
thereof; and 

2. Human male genitals in a discernibly 
turgid state, even if completely and opaquely 
covered. 

(e) Person. An individual, firm, partner- 
ship, joint adventure, association, social club, 
fraternal organization, joint stock company, cor- 
poration, estate trust, business trust, receiver, 
trustee, syndicate, or any other group or combi- 
nation acting as a unit excepting the United 
States of America, the State of California, and 
any political subdivision of either thereof. 

(f) Entertainment. Any act, play, revue, 
pantomime, scene, song, dance act, or song and 
dance act, conducted or participated in by one or 
more persons, whether or not such person or 
persons are compensated for such performance. 

(g) Operator. Any person operating an adult 
theater or an adult bookstore in the City and 
County of San Francisco, including, but not 
limited to, the owner or proprietor of such pre- 
mises, lessee, sublessee, mortgagee in posses- 
sion, or any other person operating such adult 
theater or adult bookstore. 

(h) Theater. A building or part of a building 
intended to be used for the specific purposes of 
presenting entertainment, as defined herein, or 
displaying motion pictures, slides or closed cir- 
cuit television pictures before an individual or 
assemblage of persons, whether such assem- 
blage be of a public, restricted or private nature, 
except a home or private dwelling and for which 
no fee, by way of an admission charge, is made. 
(Amended by Ord. 99-85, App. 2/25/85) 



469 



Sec. 791.1. 



San Francisco ■ Police Code 



470 



SEC. 791.1. REGULATIONS OF SIGNS. 

It shall be unlawful for the operator of an 
adult theater or adult bookstore in the City and 
County of San Francisco to place or cause to be 
placed or maintained in such a location as can be 
viewed by persons on any public street, any sign 
or signs, photographic, pictorial or other graphic 
representations, that depict in whole or in part 
the following: 

(1) Acts or simulated acts of sexual inter- 
course, masturbation, sodomy, bestiality, oral 
copulation or flagellation. 

(2) Scenes wherein a person displays the 
vulva or the anus or the genitals. 

(3) Scenes wherein artificial devices are em- 
ployed to depict, or drawings are employed to 
portray, any of the prohibited signs, photographs 
or graphic representations described above. 
(Amended by Ord. 99-85, App. 2/25/85) 



(3) Upon a third conviction thereof, such 
person shall be punished by a fine not to be less 
than $400 nor to exceed $500; 

(b) If charged as a misdemeanor the pen- 
alty, upon conviction of such person, shall be by 
imprisonment in the County Jail for a period not 
to exceed six months or by a fine not exceeding 
$1,000, or by both such fine and imprisonment; 

(c) The complaint charging such violation 
shall specify whether the violation charged is a 
misdemeanor or an infraction. (Amended by Ord. 
99-85, App. 2/25/85) 

SEC. 791.4. EFFECTIVE DATE. 

The provisions of this ordinance shall not 
become effective until May 1, 1985. (Amended by 
Ord. 99-85, App. 2/25/85) 



SEC. 791.2. VISIBILITY FROM THE 
STREET. 

No operator of an adult theater or adult 
bookstore in the City and County of San Fran- 
cisco shall permit, or cause to be permitted, any 
stock in trade which depicts, describes or relates 
to "Specified Sexual Activities" or "Specified Ana- 
tomical Areas," as defined herein, to be viewed 
from the street, sidewalk or highway. (Amended 
by Ord. 99-85, App. 2/25/85) 



SEC. 791.3. PENALTY— MISDEMEANOR 
OR INFRACTION. 

Any operator of an adult theater or an adult 
bookstore who knowingly violates or permits to 
be violated any provision of this Article shall be 
guilty of an infraction or a misdemeanor. 

(a) If charged as an infraction the penalty 
shall be as follows: 

(1) Upon a first conviction thereof, such 
person shall be punished by a fine not to be less 
than $50 nor to exceed $500; 

(2) Upon a second conviction thereof, such 
person shall be punished by a fine not to be less 
than $250 nor to exceed $500; 



[The next page is 477] 



ARTICLE 12: REGULATIONS FOR AUTOMOBILES 



Sec. 795. 



Sec. 800. 



Sec. 801. 
Sec. 806. 



Sec. 812.1. 



Sec. 817. 
Sec. 822. 

Sec. 825. 
Sec. 825.1. 

Sec. 826. 

Sec. 831. 

Sec. 832. 

Sec. 835. 



Sec. 835.5. 

Sec. 836. 

Sec. 837. 

Sec. 837.5. 



Requiring Repairers and Storers 
of Damaged Automobiles and 
Public Garages to Keep Records 
Thereof. 

Requiring Private Garages on 
Sidewalk Lines to Have 
Suitable Doors and Locks. 
Doors to be Latched — Exception. 
Requiring Owners of Private 
Garages to Report Motor 
Vehicles Stored Therein. 
Requiring Keepers of Garages, 
Lots and Trailer Parks to 
Report Motor Vehicles Stored 
Therein When Ownership of 
Vehicle is Unknown. 
Requiring Wreckers of Motor 
Vehicles to Keep Records. 
Purchase, Sale, Possession of 
Motor Vehicle Tires Without 
Identification Marks Prohibited. 
Duties of Person in Charge of 
Garage or Parking Lot. 
Requiring Private Parking Lots 
to Provide Adequate Lighting or 
a Security Guard. 
Conditions for Acceptance for 
Storage or Parking. 
Exception as to Disabled Motor 
Vehicle. 

Notice of Charges to be Posted. 
Receipt for Vehicle. 
Fixed Location Valet Parking 
and Special Event Valet 
Parking Permits. 
Application for Permits. 
Investigation, Hearing and 
Issuance of Permits. 
Permit Revocation. 
Rules and Regulations; 
Additional Requirements. 



Sec. 838. Requirements For Permittee's 

Employees. 
Sec. 838.5. Conformance With Applicable 

Laws. 
Sec. 839. Severability. 

SEC. 795. REQUIRING REPAIRERS AND 
STORERS OF DAMAGED AUTOMOBILES 
AND PUBLIC GARAGES TO KEEP 
RECORDS THEREOF. 

Every person, firm or corporation engaged 
within the City and County of San Francisco in 
the business of repairing automobiles and every 
person, firm or corporation conducting a public 
garage and every person, firm, corporation en- 
gaged in the storage of automobiles shall keep a 
record of the receipt for repair or storage of every 
damaged, partly demolished or injured automo- 
bile, which shall at all times be open to the 
inspection of the Chief of Police or any officer 
detailed by him. Such record shall contain the 
name and address of the person, firm or corpo- 
ration from whom such automobile was pur- 
chased or taken in exchange or for storage or to 
whom sold, the name and make, state license 
number, motor numbers, style and seating capac- 
ity thereof, a full and complete description of the 
damages, demolition or injury and the cause and 
date thereof and the name and address of the 
owner thereof as ascertained from the person, 
firm or corporation from whom such automobile 
was received. Said record shall be written in the 
English language in a clear and legible manner. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 800. REQUIRING PRIVATE 
GARAGES ON SIDEWALK LINES TO 
HAVE SUITABLE DOORS AND LOCKS. 

All private automobile garages having en- 
trances at the sidewalk line shall have well 
constructed doors and suitable locks. (Added by 
Ord. 1.075, App. 10/11/38) 



477 



Sec. 801. 



San Francisco - Police Code 



478 



SEC. 801. DOORS TO BE LATCHED— 
EXCEPTION. 

The doors of all private automobile garages 
as described in Section 800 of this Article shall be 
kept closed and securely latched, except when 
occupied by some person authorized to be in said 
garage or when said doors are opened to permit 
the entrance or exit of an automobile. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 806. REQUIRING OWNERS OF 
PRIVATE GARAGES TO REPORT MOTOR 
VEHICLES STORED THEREIN. 

Every person, firm or corporation having the 
ownership, charge or custody of any building or 
premises used for the purpose of a private garage 
shall, whenever said garage or premises are used 
or occupied for the storage of any automobile, 
motor vehicle, motorcycle or automobile accesso- 
ries of any kind or description, not his own, 
within 24 hours report such fact in writing to the 
Chief of Police of the City and County of San 
Francisco together with the names and ad- 
dresses of the person, firm or corporation so 
using the same. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 812.1. REQUIRING KEEPERS OF 
GARAGES, LOTS AND TRAILER PARKS 
TO REPORT MOTOR VEHICLES STORED 
THEREIN WHEN OWNERSHIP OF 
VEHICLE IS UNKNOWN. 

Whenever any vehicle of a type required to be 
registered under the California Vehicle Code has 
been stored or parked in a garage, or lot or trailer 
park, for 10 days, and the ownership of said 
vehicle is unknown to the keeper thereof, said 
keeper shall thereupon report the presence of 
said vehicle in writing to the Chief of Police of 
the City and County of San Francisco within 48 
hours. (Added by Ord. 6345, Series of 1939, App. 
11/22/50) 

SEC. 817. REQUIRING WRECKERS OF 
MOTOR VEHICLES TO KEEP RECORDS. 

Every person, firm or corporation engaged in 
the business of wrecking automobiles, motor 
vehicles or motorcycles shall keep a record of the 



wrecking of such articles which shall at all times 
be open to the inspection of the Chief of Police or 
any officer detailed by him and shall within 24 
hours after the receipt of such automobiles, mo- 
tor vehicles or motorcycles make out and deliver 
to the Chief of Police a full and complete record of 
the description of such automobile, motor vehicle 
or motorcycle, such description to show the name 
of the person from whom purchased, or received, 
the make, state license number, motor number, 
body number, manufacturer's number, generator 
number, starter number, carburetor number, mag- 
neto number, storage battery number, radiator 
number and speedometer number or any other 
serial number, or any other mark of identifica- 
tion whatsoever, style and seating capacity of 
such automobile, motor vehicle, or motorcycle. 
Said report shall be written in the English lan- 
guage in a clear and legible manner on blanks 
furnished by the Chief of Police. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 822. PURCHASE, SALE, 
POSSESSION OF MOTOR VEHICLE 
TIRES WITHOUT IDENTIFICATION 
MARKS PROHIBITED. 

Any person, firm or corporation who buys, 
sells, receives, disposes of, conceals, or know- 
ingly has in his possession any automobile tire or 
casing, motor vehicle tire or casing, motorcycle 
tire or casing from which identification marks 
have been obliterated or removed, defaced or 
changed, covered or destroyed, either in whole or 
in part, for the purpose of depriving the owner 
thereof of his property right therein, shall be 
guilty of a misdemeanor. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 825. DUTIES OF PERSON IN 
CHARGE OF GARAGE OR PARKING LOT. 

Whenever any owner or operator of any mo- 
tor vehicle offers the same for storage, temporary 
or permanent, in any public garage or parking 
lot in the City and County of San Francisco it 
shall be the duty of the owner or proprietor of 
said garage or parking lot to care for said motor 
vehicle in said garage or parking lot. If the 
garage or parking lot is incapable of receiving or 



479 



Regulations for Automobiles 



Sec. 832. 



storing any additional motor vehicles and if that 
fact is known to the owner or proprietor of said 
garage or parking lot, it shall be the duty of said 
owner or proprietor to advise the owner or op- 
erator of said motor vehicle that the garage or 
parking lot cannot receive, care for, or store said 
motor vehicle. If, with the consent of the owner 
or operator of said motor vehicle, the owner or 
proprietor of said garage or parking lot accepts 
the storage or parking of the motor vehicle, it 
shall be the duty of said owner or proprietor to 
store or park the motor vehicle in the nearest 
garage or parking lot in which storage space is 
available unless otherwise directed by the owner 
or operator of said motor vehicle. It shall be the 
duty of the owner of proprietor of said garage or 
parking lot at which said motor vehicle is offered 
for storage or parking, when called upon to so do, 
to return said motor vehicle to the owner or 
operator thereof who offered the same for stor- 
age or parking at the garage or parking lot where 
the same was offered for storage or parking. It 
shall be unlawful for the owner or proprietor of 
any garage or parking lot at which any motor 
vehicle is offered for storage or parking to park, 
or permit the same to be parked, on any public 
street, square, alley or other public place; pro- 
vided, however, that nothing in this Article shall 
prevent the owner or proprietor of any garage or 
parking lot from storing said motor vehicle in 
any other garage or parking lot owned by him or 
her or under his or her control. (Amended by 
Ord. 156-85, App. 3/28/85) 

SEC. 825.1. REQUIRING PRIVATE 
PARKING LOTS TO PROVIDE ADEQUATE 
LIGHTING OR A SECURITY GUARD. 

It shall be the duty of every owner or propri- 
etor of a private parking lot in the City and 
County of San Francisco providing parking fa- 
cilities to the general public for a fee to provide 
either lighting to one candle foot power adequate 
to illuminate the entire lot or a security guard 
between the hours of dusk and 2:30 a.m. Each 
owner or proprietor shall have two years from 
the effective date of this ordinance, or until their 
lease is renewed, whichever comes first, to com- 
ply with the requirements of this Section. (Added 
by Ord. 73-86, App. ' 3/14/86; amended by Ord. 
248-87, App. 7/2/87) 



SEC. 826. CONDITIONS FOR 
ACCEPTANCE FOR STORAGE OR 
PARKING. 

No owner or proprietor of any garage or 
parking lot shall accept the storage or parking of 
any motor vehicle in any garage or parking lot 
unless the motor vehicle is offered for storage or 
parking by the owner or operator thereof, except 
when the motor vehicle is offered for storage or 
care through any hotel at which the owner or 
operator of said motor vehicle is, or is about to 
become, a bona fide guest or the motor vehicle is 
offered for storage or parking by any authorized 
employee of the holder of a fixed location valet 
parking permit or special event valet parking 
permit as provided for in this Article. No permit 
holder shall act as a solicitor for the storage or 
parking of motor vehicles except with the writ- 
ten authorization of the owner or proprietor of 
the garage or parking lot in which said motor 
vehicle is to be stored or parked. Said written 
authorization shall be maintained throughout 
the life of the permit. (Amended by Ord. 156-85, 
App. 3/28/85) 

SEC. 831. EXCEPTION AS TO DISABLED 
MOTOR VEHICLE. 

Nothing in Sections 825 to 832, inclusive, of 
this Article shall apply to the parking or storage, 
or to the soliciting of the parking or storage, of 
disabled motor vehicles. (Added by Ord. 151, 
Series of 1939, App. 5/9/39) 

SEC. 832. NOTICE OF CHARGES TO BE 
POSTED. RECEIPT FOR VEHICLE. 

The owner or proprietor of any garage or 
parking lot shall at all times keep posted in a 
conspicuous place in said garage or on said 
parking lot a list of the charges to be made for 
the storage or parking of any motor vehicle, and 
said owner or proprietor shall not charge any 
higher price, rate or fee for the storing or parking 
of any motor vehicle than the price so listed. 
Every solicitor for the storage or parking of any 
motor vehicle shall, on request of the owner or 
operator thereof, give to said owner or operator 
of said motor vehicle accepted for storage or 
parking, a receipt for said motor vehicle accepted 



Sec. 832. 



San Francisco - Police Code 



480 



for storage or parking, which said receipt shall 
show the name and location of the garage or 
parking lot in which said motor vehicle is to be 
stored or parked. (Added by Ord. 151, Series of 
1939, App. 5/9/39) 

SEC. 835. FIXED LOCATION VALET 
PARKING AND SPECIAL EVENT VALET 
PARKING PERMITS. 

No corporation, partnership or other busi- 
ness entity or employee thereof shall solicit the 
storage or parking of any motor vehicle for which 
a parking space may or may not be rented unless 
the corporation, partnership or business entity 
holds a valid and unrevoked valet parking per- 
mit issued by the Chief of Police to so do. 

(a) A fixed location valet parking permit 
shall be required for any valet parking operator 
who performs valet parking services at a restau- 
rant or other place of public assembly which 
utilizes valet parking services on a daily or 
regularly scheduled basis. Any location which 
uses valet parking services more than once each 
week and more than 52 times per year requires a 
fixed location permit. Application for location 
valet parking permits shall include verification 
by the owner of an off-street parking garage or 
lot that a specified number of parking spaces will 
be guaranteed for the use of the applicant. 

A holder of a fixed location valet parking 
permit may assess the owner or operator of a 
motor vehicle which it accepts for valet parking a 
reasonable fee for its services; provided, that the 
person who has hired the permittee has agreed 
in writing that fees may be charged of such 
owners and operators, that the permittee meets 
all applicable parking tax obligations which may 
be connected with such charges, and further 
provided, that the permittee shall provide each 
such owner and operator with advance notice of 
the applicable fees to be charged. 

(b) Any annual special event valet parking 
permit shall be required of any valet parking 
operator who performs valet parking services at 
locations other than those defined as fixed loca- 
tions in Subdivision (a) of this Section. 



Special event valet parking permit holders 
shall provide the appropriate Police Department 
District Station(s) with seven days' advance writ- 
ten notice of the location, date and hours of each 
special event valet parking operation which they 
may thereafter perform, or, if seven days' notice 
is impossible, the permit holders shall notify the 
District Station(s) as soon after the permit holder's 
services are engaged for any event as is possible. 
The District Station Captain shall have the right 
to prohibit the use of a special event valet 
parking permit at a given location if he or she 
finds that there are insufficient on-street park- 
ing spaces in the locale and the permit holder 
has presented no adequate plan to park the 
vehicles legally. 

There shall be no appeal from the Captain's 
denial unless the notice of an intended event at a 
particular location has been given twenty days 
before the event, in which case appeal shall lie 
only to the Chief of Police, or his or her desig- 
nate. 

No holder of a special event valet parking 
permit may assess the owner or operator a motor 
vehicle which it accepts for valet parking any fee 
or other charge for its services. (Added by Ord. 
156-85, App. 3/28/85) 

SEC. 835.5. APPLICATION FOR 
PERMITS. 

Applications for fixed location valet parking 
and special event valet parking permits shall be 
made upon application forms provided by the 
Chief of Police, shall be accompanied by a filing 
fee as set forth in Section 2.26 of this Code, and 
shall state: (1) the business name and address of 
the corporation, partnership or other business 
entity seeking the permit; (2) the names and 
residence address of every officer or partner, and 
of every owner of 10 percent or more of the 
applicant entity; (3) all felony criminal offenses 
for which the persons in Subsection (2) above 
have been convicted, including the nature of the 
offense and the place and date of the conviction; 
(4) the identifying number of the applicant's San 
Francisco business license; (5) for fixed location 
permits, the location of the business at which the 
valet parking services will be performed, the 



481 



Regulations for Automobiles 



Sec. 836. 



off-street parking location at which vehicles will 
be parked and the number of parking spaces 
available at that location; and (6) such other 
information as the Chief of Police finds reason- 
ably necessary to effectuate the purposes of this 
ordinance. The applicant shall meet the follow- 
ing insurance requirements throughout the term 
of any issued under this ordinance: 

(a) Workers' Compensation, with Employ- 
ers Liability limits not less than $1,000,000 each 
accident, but only if permittees have employees 
as defined by the California Labor Code. 

(b) Comprehensive General Liability Insur- 
ance with limits not less than $1,000,000 each 
occurrence Combined Single Limit Bodily Injury 
and Property Damage, including Contractual 
Liability, Personal Injury, Broadform Property 
Damage, Products and Completed Operations 
Coverages. 

(c) Comprehensive Automobile Liability In- 
surance with limits not less than $1,000,000 
each occurrence Combined Single Limit Bodily 
Injury and Property Damage, including owned, 
nonowned and hired auto coverages, as appli- 
cable. 

(d) Garagekeepers 1 Legal Liability Insur- 
ance, including coverages for fire and explosion, 
theft of the entire motor vehicle, riot, civil com- 
motion, malicious mischief and vandalism, colli- 
sion or upset with coverage limits to be deter- 
mined by the average number of vehicles an 
applicant parks on any given day in accordance 
with the following schedule: 



— 10 vehicles 
11 — 15 vehicles 
16 — 20 vehicles 
21 — 25 vehicles 
26—30 vehicles 
31 — 35 vehicles 
36 — 40 vehicles 
41 — 45 vehicles 
46+ vehicles 



$100,000 limit of coverage 
$150,000 limit of coverage 
$200,000 limit of coverage 
$250,000 limit of coverage 
$300,000 limit of coverage 
$350,000 limit of coverage 
$400,000 limit of coverage 
$450,000 limit of coverage 
$500,000 limit of coverage 



Comprehensive General Liability, Compre- 
hensive Automobile Liability and Garagekeep- 
ers' Legal Liability Insurance policies shall be 
endorsed to provide the following: 

(1) Name as Additional Insureds the City 
and County of San Francisco, its officers, agents, 
employees and members of commissions. 

(2) That such policies are primary insur- 
ance to any other insurance available to the 
Additional Insureds, with respect to any claims 
arising out of activities conducted under the 
permit, and that insurance applies separately to 
each insured against whom claim is made or suit 
is brought. 

All policies shall be endorsed to provide that 
30 days' advance written notice to the City of 
cancellation, nonrenewal or reduction in cover- 
age, shall be mailed to the following address: 

CHIEF OF POLICE 
Hall of Justice 
850 Bryant Street 
San Francisco, CA 94103 

Certificates of insurance, satisfactory to the 
City, evidencing all coverages above shall be 
furnished to the City prior to issuance of a 
permit and renewal of a license or before com- 
mencing any operations under a permit, with 
complete copies of policies furnished to the City 
upon request. (Added by Ord. 156-85, App. 3/28/ 
85; amended by Ord. 418-87, App. 10/23/87) 

SEC. 836. INVESTIGATION, HEARING 
AND ISSUANCE OF PERMITS. 

The Chief of Police shall investigate all ap- 
plications and without unnecessary delay shall 
thereafter hear the application and then grant 
the application unless he or she finds: 

(a) That any owner, officer or partner of the 
business entity within four years prior to the 
date of application, has been convicted of bur- 
glary, robbery, theft, receipt of stolen property, 
breaking or removing parts from a vehicle, ma- 
licious mischief to a vehicle, unlawful use or 
tampering by bailee of a vehicle, altering a 



Sec. 836. 



San Francisco - Police Code 



482 



vehicle identification, or any offense related to 
the use of alcohol, narcotics or controlled sub- 
stances; or 

(b) That any owner, officer or partner of the 
business entity has intentionally falsified any 
statement contained in the application; or 

(c) For fixed location permits, that the num- 
ber of proposed parking spaces is insufficient to 
ensure that the valet parking operation will not 
be required to use on-street parking spaces. 

Upon granting the fixed location permit or 
the annual special event permit, the Chief of 
Police shall forward the permit(s) to the Tax 
Collector who shall issue a license or licenses 
upon payment by the application of the license 
fee(s), as set forth in Section 2.27 of this Code, 
payable in advance. 

The license(s) shall expire one year from the 
date of issuance and shall be renewable thereaf- 
ter upon an annual basis upon the filing with the 
Tax Collector of a statement by the permittee 
setting forth its current business address and 
upon payment of the annual license fee. Begin- 
ning January 1, 1986, licenses shall be renew- 
able upon payment of the annual license fee 
upon the first day of January of each calendar 
year. Permittees shall pay a license fee prorated 
to the length of time remaining in calendar year 
1985 for all licenses issued prior to January 1, 
1986. (Added by Ord. 156-85, App. 3/28/85) 

SEC. 837. PERMIT REVOCATION. 

The Chief of Police shall revoke a permit 
issued hereunder if, after a hearing on the mat- 
ter, he or she finds that grounds exist which 
would have constituted just cause for refusal to 
issue such permit, that the permittee has repeat- 
edly parked vehicles under its control in a man- 
ner contrary to law, or that the permittee has 
failed to comply with any requirements imposed 
by this ordinance or any rules and regulations 
issued by the Chief to carry out the purposes of 
this ordinance. Written notice of the revocation 
hearing, setting forth the time and place of 
hearing and a brief statement of the reason(s) for 
the proposed revocation, shall be served on or 
mailed to the permittee at the business address 



listed in the permit application no less than 10 
days prior to the hearing. (Added by Ord. 156-85, 
App. 3/28/85) 

SEC. 837.5. RULES AND REGULATIONS; 
ADDITIONAL REQUIREMENTS. 

The Chief of Police is hereby authorized to 
promulgate rules and regulations after notice 
hearing to effectuate the purposes of this ordi- 
nance. Failure to comply with such rules and 
regulations, or with any other requirements im- 
posed by this ordinance, shall constitute grounds 
for revocation of a permit. 

The permittee shall have the permit(s) re- 
quired by this ordinance in its possession at the 
place where it is conducting any valet parking 
activity under the permit(s), and shall exhibit 
such permit(s) on demand of any peace officer. 

The permittee shall, upon the receipt of each 
motor vehicle accepted for valet parking, give to 
the owner or operator a claim check for said 
motor vehicle; said claim check shall show the 
corporation or business name of the permittee 
and shall explicitly state the terms and condi- 
tions under which the vehicle is being accepted. 
The permittee shall display the corporation or 
business name of the permittee, and the date 
and the street address of the event for which 
valet parking is being conducted in a clearly 
visible manner on the driver's side of each motor 
vehicle throughout the time that said vehicle is 
in the permittee's custody and control. 

The permittee shall, within ten days of the 
change of the name of the permittee entity or the 
change in one or more partners or officers or in 
the ownership of 10 percent or more of the 
corporate stock, inform the Police Department, 
in writing, of such change. (Added by Ord. 156- 
85, App. 3/28/85) 

SEC. 838. REQUIREMENTS FOR 
PERMITTEE'S EMPLOYEES. 

(a) Every corporation, partnership or other 
business entity holding a valid or unrevoked 
permit under this ordinance shall maintain a 
continuously updated list of the names and resi- 
dence addresses and current driver's license num- 



483 Regulations for Automobiles Sec. 839. 



bers of all of its employees who perform valet 
parking. Such list shall be maintained at the 
business address listed on the permit applica- 
tion, and shall be exhibited on demand of any 
peace officer. 

(b) It shall be unlawful for any employee 
who has been convicted of any of the offenses 
listed in Section 836(a) to perform valet parking. 

(c) Every employee who performs valet park- 
ing shall wear conspicuously upon their person 
throughout every valet parking event a num- 
bered badge to be provided by the permittee, of a 
type and design previously approved by the 
Chief of Police. The permittee shall maintain a 
record of the names of such employee issued such 
a badge and of the badge number assigned to 
each such employee, as part of the list required 
to be maintained under Subsection (a) above. 
(Added by Ord. 156-85, App. 3/28/85) 

SEC. 838.5. CONFORMANCE WITH 
APPLICABLE LAWS. 

Nothing in this ordinance is intended to 
authorize, or authorizes, the parking of motor 
vehicles by valet parking operators in a manner 
contrary to applicable state laws and local park- 
ing and traffic regulations. (Added by Ord. 156- 
85, App. 3/28/85) 

SEC. 839. SEVERABILITY. 

If any of the provisions of this ordinance or 
the application of such provisions to any person 
or circumstances shall be held invalid, the re- 
mainder of this ordinance or the application of 
such provisions to the persons or circumstances 
other than those to which it is held invalid shall 
not be affected thereby. (Added by Ord. 156-85, 
App. 3/28/85) 



Sec. 839. San Francisco - Police Code 484 



[The next page is 499] 



ARTICLE 13: MISCELLANEOUS REGULATIONS 
FOR PROFESSIONS AND TRADES 



Sec. 


840. 


Carrying Firearms, Etc. — 
Regulations Governing. 


Sec. 


841. 


Carrying Firearms, Etc. — 
Requirements. 


Sec. 


842. 


Carrying Firearms, Etc. — 
Penalty for Violation. 


Sec. 


843. 


Saving Clause. 


Sec. 


850. 


Regulating Sale of Secondhand 
School Books. 


Sec. 


851. 


Dealer to Obtain List of Books 
and Keep Same Posted. 


Sec. 


852. 


Sale of Text Books Under 
Certain Conditions Prohibited. 


Sec. 


857. 


Physicians, Etc., to Report 
Injuries by Criminal Means. 


Sec. 


858. 


Physician Practicing to Report. 


Sec. 


859. 


Exceptions. 


Sec. 


864. 


Regulating Peddlers in Front of 
Certain Entrances. 


Sec. 


864.1. 


Penalty. 


Sec. 


869. 


Permit Required. 


Sec. 


869.1. 


Penalty. 


Sec. 


869.2. 


Limitation on Issuance of 
Permits. 


Sec. 


869.3. 


Location Restrictions. 


Sec. 


869.4. 


Peddler Permit to Natural 
Person Only. 


Sec. 


869.5. 


Peddler to Personally Peddle. 


Sec. 


869.6. 


Log to be Maintained. 


Sec. 


869.7. 


Application for Peddler Permit. 


Sec. 


869.8. 


Inspection by Health 
Department. 


Sec. 


869.9. 


Peddler Employee. 


Sec. 


869.10. 


Operation of Peddler Employee. 


Sec. 


869.11. 


Fees — Peddler and Peddler 
Employee. 


Sec. 


869.12. 


Peddlers, Peddler Employees, 
License Fee. 



Sec. 


869.13. 


License Fees — Proration 
Schedule — Date Payable. 


Sec. 


869.14. 


Peddlers, Free. 


Sec. 


869.15. 


Identification Card. 


Sec. 


869.16. 


Rules and Regulations by Chief 
of Police or Director of Public 
Health. 


Sec. 


869.17. 


Suspension and Revocation of 
Permit. 


Sec. 


869.18. 


Severability. 


Sec. 


870. 


Peddling Where Sign "No 
Peddlers" Displayed Prohibited. 


Sec. 


875. 


Requiring Movers to Notify 
Landlords. 


Sec. 


876. 


Penalty. 


Sec. 


889. 


Requiring Red Lights Placed at 
Fire Escapes. 


Sec. 


890. 


Owner to Place White Light in 
Hallway. 


Sec. 


891. 


Chief of Police to Enforce. 


Sec. 


892. 


Penalty. 


Sec. 


895. 


Permit Required. 


Sec. 


896. 


Gatherers, Junk. 


Sec. 


897. 


Providing for Badges for Junk 
Gatherers. 


Sec. 


898. 


Junk Gatherers Required to 
Wear Badges. 


Sec. 


900. 


Definitions. 


Sec. 


901. 


Item Prices. 


Sec. 


902. 


Penalty. 


Sec. 


903. 


Injunctive Relief. 


Sec. 


904. 


Severability. 


Sec. 


911. 


Defining Public Rooms. 


Sec. 


912. 


Loitering in Public Rooms 
Prohibited. 


Sec. 


913. 


Unauthorized Use of Public 
Rooms Prohibited. 


Sec. 


914. 


Penalty. 


Sec. 


919. 


Requiring Operators of Hotels, 



499 



San Francisco - Police Code 



500 



Sec. 919.1. 



Sec. 


920. 


Sec. 


921. 


Sec. 


924. 


Sec. 


925. 


Sec. 


926. 


Sec. 


927, 


Sec. 


928. 


Sec. 


929 


Sec. 


934 


Sec. 


939 


Sec. 


940 


Sec. 


944 


Sec. 


945 


Sec. 


946, 


Sec. 


947. 


Sec. 


948. 


Sec. 


949. 


Sec. 


954, 


Sec. 


955. 



Motels, Auto Courts and 

Furnished Apartment House 

Keepers to Keep a Register of 

Guests. 

Prohibiting Residential Hotel 

Operators from Charging Visitor 

Fees; Limiting Residential Hotel 

Restrictions on Visitors; 

Violation is an Infraction. 

Registering for Lodging 

Accommodations Under 

Fictitious Names Prohibited. 

Penalty. 

Fixing Rates, to be Charged for 

Transportation of Personal 

Baggage. 

Excluded Territory — Rates. 

Receivers to Give Check for 

Baggage. 

Delivery Within Reasonable 

Time. 

Principals Responsible. 

Personal Baggage Defined. 

Regulating Sale of Police 

Badges. 

Regulating Issuance of Press 

Cards. 

Penalty. 

Sidewalk Elevator, Etc., Iron 

Door, Etc., and Lock Required. 

Mechanical Device for Stopping 

Required. 

Unlawful Openings Prohibited — 

Kind of Metal Guards Required. 

Night Opening, Lamps and 

Guards Required For. 

Trap-door, Kind of Metal 

Guards Required For. 

Trap-door, While Open, Guards 

Required. 

Sale of Merchandise on Ocean 

Beach Prohibited. 

Prohibited Soliciting Upon 

Streets of Magazine 

Subscriptions, Etc. 



Sec. 


959, 


Sec. 


960, 


Sec. 


961 


Sec. 


964 


Sec. 


969 


Sec. 


970 


Sec. 


971 


Sec. 


972 


Sec. 


973 



Regulating Turning Off of Gas 

Supply in Hotels and Dwellings. 

Use of Defective Stop Cocks in 

Hotels and Dwellings 

Prohibited. 

Penalty. 

Crushing Rock, Etc., Within 

Certain Hours, Etc., Prohibited. 

Transportation Tickets — 

Regulating Sale Of. 

Regulations to be Posted. 

Penalty. 

Exceptions. 

Prohibiting Solicitation of 

Purchases of Food and Drink; 

Declaring Penalties. 



SEC. 840. CARRYING FIREARMS, 
ETC.— REGULATIONS GOVERNING. 

Any person who in the course of employment 
or his livelihood carries a firearm or any other 
deadly or dangerous weapons as defined by Sec- 
tion 1291-A, Article 17, Chapter VIII, Part II of 
the San Francisco Municipal Code, concealed or 
unconcealed, shall register with the Chief of 
Police in writing by signed statement, stating 
the name, occupation, residence and business 
address of the registrant, his age, height, weight, 
color of eyes and hair, and reason desired to 
carry such weapon, and shall submit therewith 
two sets of fingerprints and one photograph. 
(Added by Ord. 6350, Series of 1939, App. 11/22/ 
50) 

SEC. 841. CARRYING FIREARMS, 
ETC.— REQUIREMENTS. 

Any person carrying a firearm or any other 
deadly or dangerous weapon as defined by said 
Section 1291-A, Article 17, Chapter VIII, of the 
San Francisco Municipal Code, in the City and 
County of San Francisco, must: 

(1) Be at least 21 years of age; 

(2) Be a citizen of the United States; 

(3) Be of good moral character; 



501 



Miscellaneous Regulations for Professions and Trades 



Sec. 858. 



(4) Be able to manifest a knowledge of Sec- 
tions 197, 834, 835, 837 and 847 of the Penal 
Code of the State of California. (Added by Ord. 
6350, Series of 1939, App. 11/12/50) 

SEC. 842. CARRYING FIREARMS, 
ETC.— PENALTY FOR VIOLATION. 

Any person who shall violate any of the 
provisions of Section 840 to 842 of this Article 
shall be deemed guilty of a misdemeanor and 
shall be punished by a fine of not exceeding $500, 
or by imprisonment in the County Jail for not 
exceeding six months, or by both such fine and 
imprisonment. (Added by Ord. 6350, Series of 
1939, App. 11/22/50) 

SEC. 843. SAVING CLAUSE. 

If any section, sentence, clause, or part of 
Section 840 to 842 is for any reason held to be 
unconstitutional, such decision shall not affect 
the remaining portions of these sections. The 
Board of Supervisors hereby declares that it 
would have passed these sections and each sec- 
tion, sentence, clause and part thereof, despite 
the fact that one or more sections, sentences, 
clauses or parts thereof are declared unconstitu- 
tional. (Added by Ord. 6350, Series of 1939, App. 
11/22/50) 

SEC. 850. REGULATING SALE OF 
SECONDHAND SCHOOL BOOKS. 

It shall be unlawful for any person, firm or 
corporation to purchase from any person, firm or 
corporation any secondhand school text book or 
books in use in any public or private school 
without first obtaining from the principal or 
administrative officer of the school where said 
text books are in use his or her written state- 
ment that the person offering the book for sale is 
the lawful owner thereof, and as such owner is 
free to make the sale. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 851. DEALER TO OBTAIN LIST OF 
BOOKS AND KEEP SAME POSTED. 

On or before the 20th day of July in each 
year, every dealer in second-hand books must 
apply to the office of the Board of Education and 



receive from the Secretary of said Board a com- 
plete list of all Public School Text Books to be 
used in the public schools during the school year. 
Said dealer shall post said list and keep it 
conspicuously posted in his place of business 
throughout the school year, for the inspection of 
the police officers and others who may be inter- 
ested in the sale and purchase of secondhand 
school text books. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 852. SALE OF TEXT BOOKS 
UNDER CERTAIN CONDITIONS 
PROHIBITED. 

It shall be unlawful for any dealer in second- 
hand books to purchase or offer for sale any of 
the text books referred to in the preceding sec- 
tion, which are secondhand, without having first 
obtained the list of books mentioned in Section 
851 of this Article, and without conspicuously 
posting it as required by Section 851 of this 
Article. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 857. PHYSICIANS, ETC., TO 
REPORT INJURIES BY CRIMINAL 

MEANS. 

It shall be the duty of every physician or 
surgeon, superintendent, proprietor or other per- 
son in charge of any public or private hospital or 
sanitarium within the City and County of San 
Francisco whenever any person has become an 
inmate or patient of or has been brought into 
such hospital or sanitorium suffering from any 
wound or other injury by his own act or by the 
act of another to report immediately to the Chief 
of Police of said City and County of San Fran- 
cisco the name of such inmate or patient, and all 
facts appertaining to such case within the knowl- 
edge of such physician or surgeon, superinten- 
dent, proprietor or other person in charge of said 
hospital or sanitarium. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 858. PHYSICIAN PRACTICING TO 
REPORT. 

It shall be the duty of every physician or 
surgeon practicing within the City and County of 
San Francisco who is not the owner, proprietor, 



Sec. 858. 



San Francisco - Police Code 



502 



superintendent, or other person in charge of any 
hospital or sanitarium who has under his charge 
or care any patient or other person suffering 
from any wound or injury by his own act or by 
the act of another to report immediately to the 
Chief of Police of said City and County of San 
Francisco, the name of such patient or other 
person and all facts appertaining to such case 
within the knowledge of such physician or sur- 
geon. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 859. EXCEPTIONS. 

The provisions of Section 857 and 858 of this 
Article shall not apply to any case wherein the 
person wounded or injured has been brought to 
the hospital or sanitarium or to the physician or 
surgeon by any member of the Police Depart- 
ment of the City and County of San Francisco. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 864. REGULATING PEDDLERS IN 
FRONT OF CERTAIN ENTRANCES. 

It shall be unlawful for any peddler, huckster, 
or vendor offish, vegetables, fruit, game, poultry, 
groceries, produce, dairy products, wood, candy, 
confectionery, racing tips and handicaps, tickets 
to entertainments, excursions to picnics, goods, 
wares and merchandise, to solicit patronage or to 
sell his wares in front of any entrance, exit or 
gangway of any ferry landing, wharf, depot, 
theater, circus, hall or any place where people 
are assembled, within 12 feet thereof. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 864.1. PENALTY. 

Any person who shall violate the provisions 
of Section 864 of this Article shall be guilty of an 
infraction or a misdemeanor. If charged as an 
infraction, the penalty shall be as follows: 

A. Upon a first conviction thereof, such per- 
son shall be punished by a fine not to be less than 
$50 nor to exceed $500. 

B. Upon a second conviction thereof, such 
person shall be punished by a fine not to be less 
than $250 nor to exceed $500. 



C. Upon a third conviction thereof, such 
person shall be punished by a fine not to be less 
than $400 nor to exceed $500. 

If charged as a misdemeanor, the penalty 
therefor shall be by imprisonment in the County 
Jail not exceeding six months or a fine not 
exceeding $500. The complaint charging such 
violation shall specify whether the violation 
charged is a misdemeanor or an infraction. (Added 
by Ord. 383-78, App. 8/18/78) 

SEC. 869. PERMIT REQUIRED. 

Except as provided in Articles 24, 24.1 and 
24.2 of this Code, it shall be unlawful for any 
person to peddle goods, wares or merchandise, or 
any article, material or substance, of whatsoever 
kind, including persons selling fruits, vegetables, 
fish, fowl, nuts and eggs on the public streets or 
sidewalks of the City and County of San Fran- 
cisco without first having obtained a permit from 
the Chief of Police and having paid the fees and 
been granted a license as required by law. 

Excluded from the provisions of this Section 
are property under the jurisdiction of the Recre- 
ation and Park Commission of the City and 
County of San Francisco, and the Board of Edu- 
cation of the City and County of San Francisco 
and areas designated by the Board of Supervi- 
sors as places where a street artist certified 
pursuant to initiative Ordinance 483-75, Propo- 
sition L on the November 4, 1975 ballot, may 
sell, offer for sale, expose for sale, or solicit offers 
to purchase any craft or work of his or her own 
creation. 

Every person currently holding a peddler 
permit pursuant to Section 869 of this Article 
prior to the effective date of this ordinance is 
hereby deemed to be holding a permit as re- 
quired under this Section. (Amended by Ord. 
270-82, App. 6/10/82) 

SEC. 869.1. PENALTY. 

(a) Any person who shall violate the provi- 
sions of Sections 869 through 869.15 of this 
Article shall be guilty of an infraction or a 
misdemeanor. If charged as an infraction, the 
penalty shall be as follows: 

(1) Upon a first conviction thereof, such 
person shall be punished by a fine not to be less 
than $50 nor to exceed $500. 



503 



Miscellaneous Regulations for Professions and Trades 



Sec. 869.3. 



(2) Upon a second conviction thereof, such 
person shall be punished by a fine not to be less 
than $250 nor to exceed $500. 

(3) Upon a third conviction thereof, such 
person shall be punished by a fine not to be less 
than $400 nor to exceed $500. 

If charged as a misdemeanor, the penalty 
therefor shall be by imprisonment in the County 
Jail not exceeding six months or a fine not 
exceeding $500. The complaint charging such 
violation shall specify whether the violation 
charged is a misdemeanor or an infraction. 

(b) In addition to the penalty set forth above 
in Section 869.1(a), any person who shall violate 
any provision of Sections 869 through 869.15 
shall be subject to revocation or suspension of 
any permit issued by the City and County, fol- 
lowing adequate notice and a hearing before the 
Chief of Police or a designate. (Amended by Ord. 
270-82, App. 6/10/82) 

SEC. 869.2. LIMITATION ON ISSUANCE 
OF PERMITS. 

(a) The Chief of Police may issue a permit 
for a location, which location shall not be within 
two blocks or 600 feet, whichever is greater, of an 
established business which sells the same type of 
food or other merchandise as intended by said 
applicant, or of any location previously estab- 
lished and currently being operated by a licensed 
peddler selling the same type of food or other 
merchandise as intended by said applicant. 

(b) This ordinance does not apply to those 
peddlers and street artists regulated by Articles 
24, 24.1 and 24.2 of this Code. (Amended by Ord. 
270-82, App. 6/10/82) 

SEC. 869.3. LOCATION RESTRICTIONS. 

The Chief of Police may issue a peddler 
permit only when he finds that the following 
location and time requirements are met: 

(a) The location shall: 

(1) Leave unobstructed for pedestrian pas- 
sage on any sidewalk a space not less than 10 
feet wide. 



(2) Not occupy a space extending more than 
4V2 feet from the curb line of any sidewalk, nor 
wider than four feet nor extending more than 
five feet above the sidewalk. 

(3) Not be within 18 inches of the curb line 
of any sidewalk. 

(4) Not be closer than 7V2 feet from sprin- 
kler inlets, and wet and dry standpipe inlets, 
measured from the outer edge of the standpipe 
bank from the building line to the sidewalk edge. 

(5) Not be within 12 feet of the outer edge of 
any entrance way to any building or facility used 
by the public including but not limited to doors, 
driveways and emergency exits measured in 
each direction parallel to the building line and 
thence at a 90 degree angle to the curb. 

(6) Not be on any sidewalk adjacent to a 
curb which has been duly designated pursuant to 
local ordinance or regulation as a white, yellow, 
blue, or red zone, or a bus zone. 

(7) Not be within five feet of any crosswalk 
or fire hydrant. 

(8) Leave unobstructed fire escapes, under- 
neath and perpendicular from the building to the 
street, five feet from both ends of the fire escape. 

(9) Not be within five feet of inflammable 
liquid vents and fill pipes when tanks are not 
being filled nor within 25 feet while tanks are 
being filled. 

(b) No peddler shall peddle goods, wares or 
merchandise between the hours of 12:00 a.m. 
(midnight) and 6:00 a.m. the following day. 

(c) Notwithstanding any other provision of 
this Code, no peddler or pushcart peddler, as 
defined in Section 1330 of the San Francisco 
Police Code, shall peddle goods, wares or mer- 
chandise: 

(1) In any "P" district, as defined in Section 
234 of the City Planning Code (Part II, Chapter 
II, San Francisco Municipal Code), located on 
Twin Peaks or in any areas in or adjacent to 
Open Space Districts located on Twin Peaks. 

(2) On the north side of Jefferson Street 
between Jones and Taylor. (Added by Ord. 270- 
82, App. 6/10/82; amended by Ord. 204-87, App. 
6/3/87; Ord. 317-87, App. 7/24/87; Ord. 294-90, 
App. 8/1/90) 



Sec. 869.4. 



San Francisco - Police Code 



504 



SEC. 869.4. PEDDLER PERMIT TO 
NATURAL PERSON ONLY. 

No peddler permit granted pursuant to Sec- 
tion 869 of this Article shall be issued except to 
an individual natural person and in no event to 
any business, firm, partnership or corporation. 
No more than one permit shall be issued to any 
one person. (Added by Ord. 270-82, App. 6/10/82) 



SEC. 869.5. 
PEDDLE. 



PEDDLER TO PERSONALLY 



No person shall be granted a peddler permit 
pursuant to Section 869 of this Article unless the 
applicant has declared under penalty of perjury 
his or her intention to personally operate under 
the permit for at least 50 percent of the actual 
hours of operation. (Added by Ord. 270-82, App. 
6/10/82) 

SEC. 869.6. LOG TO BE MAINTAINED. 

Every person who shall be granted a peddler 
permit pursuant to Section 869 of this Article 
shall maintain a log on a form approved by the 
Chief of Police indicating the day, date and hours 
of operation at the authorized location, including 
the name of the person or persons operating 
during those times. The log for the 30 previous 
calendar days shall be kept in the possession of 
the peddler or peddler employee at all times 
while operating and shall be open to inspection 
by any police officer or any Health Department 
inspector of the City and County of San Fran- 
cisco. Said log shall be retained by the peddler 
for a period of one year. (Added by Ord. 270-82, 
App. 6/10/82) 

SEC. 869.7. APPLICATION FOR 
PEDDLER PERMIT. 

Every person desiring a peddler permit pur- 
suant to Section 869 of this Article shall file an 
application with the Chief of Police upon a form 
provided by the Chief of Police requiring the 
applicant to submit: 

(a) Two photographs of the applicant l"xl" 
in size. 



(b) A statement of the specific location where 
the applicant proposes to operate, the days of the 
week, and time(s) of the day of intended opera- 
tion, and the specific item or items to be sold, 
which shall be the only item(s) sold under the 
permit. 

(c) A set of fingerprints as required by the 
Chief. 

(d) Such other relevant information deemed 
pertinent by the Chief of Police. (Added by Ord. 
270-82, App. 6/10/82) 

SEC. 869.8. INSPECTION BY HEALTH 
DEPARTMENT. 

No permit to peddle food products for human 
consumption in the City and County of San 
Francisco shall be granted unless the applicant 
has been issued a Certificate of Sanitation by the 
Director of Public Health. (Added by Ord. 270- 
82, App. 6/10/82) 

SEC. 869.9. PEDDLER EMPLOYEE. 

No peddler may employ at any one time more 
than one peddler employee. The only exception 
to this prohibition is employment by a peddler of 
persons who have peddler employee permits au- 
thorizing employment by that peddler, which 
permits were issued prior to the effective date of 
this ordinance. Every person desiring a peddler 
employee permit shall file an application with 
the Chief of Police upon a form provided by said 
Chief of Police. Application shall be accompanied 
by: 

(a) Signed statement from the permittee 
peddler verifying his intention to employ the 
applicant, and indicating specific location where 
the peddler employee will peddle. 

(b) Two photographs of the applicant l"xl" 
in size. 

(c) A set of fingerprints as required by the 
Chief of Police. 

(d) Such other relevant information deemed 
pertinent by the Chief of Police. (Added by Ord. 
270-82, App. 6/10/82) 



505 



Miscellaneous Regulations for Professions and Trades 



Sec. 869.17. 



SEC. 869.10. OPERATION OF PEDDLER 
EMPLOYEE. 

In no case shall the peddler employee oper- 
ate, at the same time as the permit holder is 
operating, at any location other than the location 
at which the permit holder is operating. (Added 
by Ord. 270-82, App. 6/10/82) 

SEC. 869.11. FEES— PEDDLER AND 
PEDDLER EMPLOYEE. 

Every applicant for a peddler or peddler 
employee permit shall pay a filing fee as speci- 
fied in Section 2.26 of Part II, Chapter VIII of the 
San Francisco Municipal Code (Police). (Added 
by Ord. 270-82, App. 6/10/82) 

SEC. 869.12. PEDDLERS, PEDDLER 
EMPLOYEES, LICENSE FEE. 

Every person granted a peddler permit or 
peddler employee permit to peddle goods, wares" 
or merchandise, or fish, vegetables or fruit, or 
food products for human consumption, or any 
other article in any manner, shall pay to the Tax 
Collector an annual license fee, as specified in 
Section 2.27 of Part II, Chapter VIII of the San 
Francisco Police Code, payable in advance. In 
calculating the fees earned herein by the Health 
Department pursuant to the provisions of Sec- 
tion 6.402 of the Charter of the City and County 
of San Francisco, a percentage of the license fee 
shall be credited to said Department pursuant to 
the annual determination by the Controller as 
provided by Section 2.21 of this Code. (Added by 
Ord. 270-82, App. 6/10/82) 

SEC. 869.13. LICENSE FEES— 
PRORATION SCHEDULE— DATE 
PAYABLE. 

All licenses issued under the provisions of 
Section 869.12 shall be due and payable, on a 
calendar year basis, prorated with regard to the 
calendar year on a monthly basis. (Added by 
Ord. 270-82, App. 6/10/82) 

SEC. 869.14. PEDDLERS, FREE. 

The Tax Collector may issue a free or gratu- 
itous license to a person liable to pay the license 
tax required by Section 869.12 and set by Section 



2.27 of this Code when the Chief of Police shall 
have certified that it has been shown by good and 
sufficient evidence that the person applying for 
said license was a soldier, sailor or marine of the 
United States who received an honorable dis- 
charge or a release from active duty under hon- 
orable conditions from such service or that he or 
she is physically and absolutely unfitted to earn 
a livelihood by any other means. (Added by Ord. 
270-82, App. 6/10/82) 

SEC. 869.15. IDENTIFICATION CARD. 

The Chief of Police shall issue to each peddler 
and peddler employee an identification card which 
shall contain a photograph of the permittee with 
the number of the permit in figures plainly 
discernible. The Chief of Police shall determine 
the manner and form of any other information 
that may be placed upon this identification card. 
Such identification card shall be in the posses- 
sion of the peddler or peddler employee at all 
times while operating, and shall be immediately 
produced upon request to any police officer or 
Health Department inspector. Peddlers and ped- 
dler employees shall return to the Police Depart- 
ment the identification card upon discontinu- 
ance of operation, revocation or suspension of 
permit, or upon termination of the peddler em- 
ployee. (Added by Ord. 270-82, App. 6/10/82) 

SEC. 869.16. RULES AND 
REGULATIONS BY CHIEF OF POLICE 
OR DIRECTOR OF PUBLIC HEALTH. 

The Chief of Police or the Director of Public 
Health may adopt, after a noticed public hear- 
ing, rules and regulations supplemental to this 
ordinance and not in conflict therewith. The 
rules and regulations shall become effective 10 
days following the adoption by either the Chief of 
Police or the Director of Public Health. (Added by 
Ord. 270-82, App. 6/10/82) 

SEC. 869.17. SUSPENSION AND 
REVOCATION OF PERMIT. 

The Chief of Police may suspend or revoke 
any peddler or peddler employee permit if he 
finds, after a noticed public hearing, that any of 
the following conditions exist: 

(a) Fraud, misrepresentation or false state- 
ment contained in the application for permit. 



Sec. 869.17. 



San Francisco - Police Code 



506 



(b) Violation of provisions of this Article or 
the San Francisco Municipal Code regarding 
peddling. 

(c) Peddling by a peddler employee at a 
location not approved by the Chief of Police. 

(d) Conviction of a felony if the crime was 
committed during the time the permittee was 
working under the permit or relates to the busi- 
ness conducted under the permit and endangers 
the health and safety of the public. 

(e) Violations of provisions of the Municipal 
Traffic Code or the California Vehicle Code, re- 
lating to the operation of the permit. 

(f) Conduct violating any City ordinance or 
state statute which conduct occurred during the 
time the permittee was working under the per- 
mit or which conduct relates to the business 
conducted under the permit and endangers the 
health and safety of the public. 

(g) Failure to pay the required license fee. 

(h) Operation under the peddler's permit of 
a business other than that for which the permit 
was issued. (Added by Ord. 270-82, App. 6/10/82) 

SEC. 869.18. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Article or any part 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause or phrase thereof irrespective of the fact 
that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, clauses or 
phrases be declared unconstitutional or invalid 
or ineffective. (Added by Ord. 270-82, App. 6/10/ 
82) 

SEC. 870. PEDDLING WHERE SIGN "NO 
PEDDLERS" DISPLAYED PROHIBITED. 

It shall be unlawful for any peddler, or any 
person pretending to be a peddler, for the pur- 
pose of selling or pretending to sell, goods, wares 



or merchandise, or any article, material or sub- 
stance of whatsoever kind, to ring the bell or 
knock at the door of any residence or dwelling 
whereon a sign bearing the words "No Peddlers" 
or words of similar import, is painted or affixed 
so as to be exposed to public view, or to peddle or 
pretend to peddle goods, wares or merchandise, 
or any article, material or substance, of whatso- 
ever kind, in any building, whereon, or wherein a 
sign bearing the words "No Peddlers," or words 
of similar import, is painted or affixed so as to be 
exposed to public view. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 875. REQUIRING MOVERS TO 
NOTIFY LANDLORDS. 

It shall be unlawful for any person who is 
operating or in charge of any moving van, furni- 
ture car, transfer wagon, express wagon, deliv- 
ery wagon, or any other vehicle engaged in 
moving for hire, to remove any furniture, house- 
hold goods, trunks, baggage or other personal 
effects from any furnished apartment house where 
there is on the premises a landlord, landlady, 
manager, or other person in charge of such 
apartment house without first notifying such 
landlord, landlady, manager or other person in 
charge of such apartment house that such furni- 
ture, household goods, trunks, baggage or any 
personal effects are about to be removed from 
such premises. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 876. PENALTY. 

Any person violating any of the provisions of 
Section 875 of this Article shall be guilty of a 
misdemeanor, and, upon conviction thereof, shall 
be subject to a fine not exceeding $100, or by 
imprisonment in the County Jail for not more 
than 30 days. (Added by Ord. 1.075, App. 10/11/ 
38) 

SEC. 889. REQUIRING RED LIGHTS 
PLACED AT FIRE ESCAPES. 

Every person, firm or corporation, owner, 
proprietor, manager, superintendent, lessee or 
agent of any building used as a hotel, public 
lodging house, public rooming house or apart- 



507 



Miscellaneous Regulations for Professions and Trades 



Sec. 897. 



ment house within the City and County of San 
Francisco, shall place or cause to be placed in a 
conspicuous position in every hallway thereof, 
signs which shall indicate by letters, not less 
than three inches in height, the location of every 
fire escape and near every such sign there shall 
be placed a red light, which must be kept burn- 
ing from sunset to sunrise. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 890. OWNER TO PLACE WHITE 
LIGHT IN HALLWAY. 

Every person, firm or corporation, owner, 
proprietor, manager, superintendent, lessee or 
agent of any building used as a hotel, public 
lodging house, public rooming house or apart- 
ment house within the City and County of San 
Francisco, shall place or cause to be placed in 
every hallway, and passageway, a bright white 
light, capable of furnishing light enough to en- 
able any person to see the stairway and exit from 
said hallway and passageway, to guide them in 
case of fire or panic to safety. Said white light 
shall burn from sunset to sunrise. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 891. CHIEF OF POLICE TO 
ENFORCE. 

It shall be the duty of the Chief of Police to 
instruct all police officers to inspect all hotels, 
public lodging houses, public rooming houses 
and apartment houses on their respective beats 
at least once a month during the hours of sunset 
and sunrise, for the purpose of seeing that the 
provisions of Section 889 and 890 of this Article 
are strictly complied with. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 892. PENALTY. 

Every person, firm or corporation, owner, 
proprietor, manager, superintendent, lessee or 
agent who shall violate or refuse to comply with 
the provisions of Sections 889 and 890 of this 
Article shall be guilty of a misdemeanor and 
upon conviction thereof shall be punished by a 
fine of not less than $10 nor more than $100, or 
by imprisonment in the County Jail for not more 
than three months, or by both such fine and 



imprisonment; and each such person, firm or 
corporation, owner, proprietor, manager, super- 
intendent, lessee or agent shall be deemed guilty 
of a separate offense for every day such violation, 
or refusal shall continue, and shall be subject to 
the penalty imposed by this Section for each and 
every such separate offense. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 895. PERMIT REQUIRED. 

(a) It shall be unlawful to engage in busi- 
ness as a junk gatherer either buying, selling, 
collecting or exchanging junk from vehicles or in 
any other manner upon the streets of the City 
and County of San Francisco without first hav- 
ing obtained a permit therefor from the Chief of 
Police. 

(b) Applications for junk gatherer permits 
shall be filed with the Chief of Police on a form 
provided for said permit together with a nonre- 
fundable fee. (Added by Ord. 555-81, App. 11/12/ 
81) 

SEC. 896. GATHERERS, JUNK. 

Every person, firm or corporation engaged in 
the business or occupation of gathering junk in 
the City and County of San Francisco and who is 
not required to pay a license fee under the 
provisions of Article 13.1 of this Code shall pay 
an annual license fee, payable in advance and 
subject to a monthly pro rata if not applied for on 
the first day of any calendar year. (Added by Ord. 
555-81, App. 11/12/81) 

SEC. 897. PROVIDING FOR BADGES 
FOR JUNK GATHERERS. 

Every person required to obtain a permit and 
license pursuant to Section 895 and 896 of this 
Article must, at the time the license is issued to 
him, pay a badge fee to the Tax Collector and 
receive therefor from the Tax Collector a junk 
gatherer's metal badge, having imprinted thereon 
a number and the year for which same is issued. 
The design and lettering of said badge shall be 
determined by the Tax Collector, but such design 
must be distinctively different for each year. 
(Amended by Ord. 555-81, App. 11/12/81) 



Sec. 898. 



San Francisco - Police Code 



508 



SEC. 898. JUNK GATHERERS 
REQUIRED TO WEAR BADGES. 

Every person engaged in business as a junk 
gatherer either buying, selling or exchanging 
junk from vehicles or in any other manner upon 
the streets of the City and County of San Fran- 
cisco, must wear conspicuously exposed on the 
outside lapel of his coat the metal badge pre- 
scribed in the preceding section. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 900. DEFINITIONS. 

For purposes of this ordinance, the following 
definitions shall apply: 

(a) Automatic Checkout System. An elec- 
tronic system employing a scanning device com- 
bined with a computer and register to read a 
universal product code or similar code on pack- 
aging and display and total the cost of the items 
purchased. 

(b) Consumer Commodity. 

(1) Food, including all material whether solid, 
liquid, or mixed, and whether simple or com- 
pound, which is used or intended for consump- 
tion by human beings or domestic animals nor- 
mally kept as household pets, and all substances 
or ingredients added to any such material for 
any purpose. This definition shall not apply to 
individual packages of cigarettes or individual 
cigars. 

(2) Paper and plastic products, such as, but 
not limited to, napkins, facial tissue, toilet tis- 
sue, foil wrapping, plastic wrapping, paper tow- 
eling, and disposable plates and cups. 

(3) Detergents, soaps and other cleaning 
agents. 

(4) Pharmaceuticals, including nonprescrip- 
tion drugs, bandages, hygiene products, and toi- 
letries. 

(c) Grocery Department. An area within 
a general retail merchandise store which is en- 
gaged primarily in the retail sale of packaged 
food, rather than food prepared for immediate 
consumption on or off the premises. 



(d) Grocery Store. A store engaged prima- 
rily in the retail sale of packaged food, rather 
than food prepared for consumption on the pre- 
mises. 

(e) Person. An individual, firm, corpora- 
tion, partnership, association or other organiza- 
tional group or combination acting as a unit. 
(Added by Ord. 598-79, App. 12/3/79) 

SEC. 901. ITEM PRICES. 

Every retail grocery store or grocery depart- 
ment within a general retail merchandise store 
which uses an automatic checkout system shall 
cause to have a clearly readable price indicated 
on each packaged consumer commodity offered 
for sale on or after January 1, 1980, provided, 
however, that said requirement shall not apply 
to: 

(1) Any unpackaged fresh food produce, or 
fresh dairy product; 

(2) Any consumer commodity under three 
cubic inches in size or weighing less than three 
ounces or priced for less than 30 cents; 

(3) Any grocery business which has as its 
only regular employees the owner thereof, or the 
parent, spouse, or child of such owner, or in 
addition thereto, not more than two other per- 
sons employed on a regular schedule for a con- 
tinuing period of time; 

(4) Identical items within a multi-item pack- 
age; 

(5) Items sold through a vending machine; 

(6) "Special" or "sale" items offered for sale 
at less than normal price, for a period of seven 
days or less. (Added by Ord. 598-79, App. 12/3/ 

79) 

SEC. 902. PENALTY. 

(a) Any person intentionally violating any 
of the provisions of Section 901 of this Article 
shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be subject to a fine 
of not less than $100, and not more than $500, or 
by imprisonment in the jail of the City and 
County for a term of not more than six months or 
by both such fine and imprisonment. 



509 



Miscellaneous Regulations for Professions and Trades 



Sec. 919. 



(b) Failure to have a clearly readable price 
indicated on 12 units of the same item of the 
same commodity shall constitute a presumption 
of intent to violate Section 901. 

(c) Every additional 12 units of the same 
item that fail to have a price indicated on them 
shall constitute a presumption of intent to vio- 
late Section 901. 

(d) Each day that a violation continues af- 
ter notification thereof by any person to the 
grocery store or department manager or assis- 
tant manager shall constitute a separate viola- 
tion and shall constitute a presumption to vio- 
late Section 901. (Added by Ord. 598-79, App. 
12/3/79) 

SEC. 903. INJUNCTIVE RELIEF. 

(a) Any person may bring an action in any 
court of competent jurisdiction to enjoin a viola- 
tion of Section 901. 

(b) Persons violating Section 901 shall be 
liable to any person injured for losses and ex- 
penses and attorney's fees incurred as a result of 
the violation and for the sum of $50 in addition 
thereto. This remedy shall apply only to actions 
brought by or on behalf of a single plaintiff and 
shall not apply to multiple plaintiffs or class 
actions. (Added by Ord. 598-79, App. 12/3/79) 

SEC. 904. SEVERABILITY. 

If any part or provision of this ordinance, or 
the application thereof to any person or circum- 
stance, is held invalid, the remainder of the 
ordinance, including the application of such part 
or provision to other persons or circumstances, 
shall not be affected thereby and shall continue 
in full force and effect. To this end provisions of 
this Article are severable. (Added by Ord. 598- 
79, App. 12/3/79) 

SEC. 911. DEFINING PUBLIC ROOMS. 

The words "public rooms," for the purpose of 
Section 912 and 913 of this Article, shall be 
deemed to include any lobby, hallway, mezza- 
nine, foyer, public rest or sitting rooms, or any 



other place in a hotel used in common by the 
public and guests of a hotel. (Added by Ord. 
270-82, App. 6/10/82) 

SEC. 912. LOITERING IN PUBLIC 
ROOMS PROHIBITED. 

It shall be unlawful for any person to linger, 
loiter, sit or stand in any public room in any hotel 
in violation of the expressed wish of the owner or 
manager of such hotel. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 913. UNAUTHORIZED USE OF 
PUBLIC ROOMS PROHIBITED. 

It shall be unlawful for any person to use any 
public room in any hotel for business purposes or 
social purposes in violation of the expressed 
direction of the owner or manager of such hotel. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 914. PENALTY. 

Any person violating any of the provisions of 
Sections 911 to 913, inclusive, of this Article, 
shall be deemed guilty of a misdemeanor, and, 
upon conviction thereof, shall be punishable by a 
fine not to exceed $50, or by imprisonment in the 
County Jail for a period of not to exceed 30 days 
or by both such fine and imprisonment. (Added 
by Ord. 1.075, App. 10/11/38) 

SEC. 919. REQUIRING OPERATORS OF 
HOTELS, MOTELS, AUTO COURTS AND 
FURNISHED APARTMENT HOUSE 
KEEPERS TO KEEP A REGISTER OF 
GUESTS. 

The owner, manager or person in charge of 
any hotel, motel, auto court, or furnished apart- 
ment house shall keep a suitable book or register 
cards, open to inspection by regularly employed 
members of a law enforcement agency, in which 
all occupants of hotels, motels, auto courts, and 
furnished apartments shall sign their names, 
and the number of the hotel room, motel, auto 
court, or furnished apartment assigned to these 
guests shall be indicated on the registry book or 
registry cards. (Amended by Ord. 1071, Series of 
1939, App. 12/3/57) 



Sec. 919.1. 



San Francisco - Police Code 



510 



SEC. 919.1. PROHIBITING 
RESIDENTIAL HOTEL OPERATORS 
FROM CHARGING VISITOR FEES; 
LIMITING RESIDENTIAL HOTEL 
RESTRICTIONS ON VISITORS; 
VIOLATION IS AN INFRACTION. 

(a) No operator, employee or agent of a 
Residential Hotel, as defined in San Francisco 
Administrative Code Section 41.4(p), may im- 
pose or collect a charge for any person to visit a 
guest or occupant of the hotel. No operator, 
employee or agent of Residential Hotel may 
implement or impose any policy restricting per- 
sons from visiting guests or occupants of Resi- 
dential Hotel except in accordance with the pro- 
visions of the Uniform Residential Hotel Visitor 
Policy or any Supplemental Visitor Policy ap- 
proved pursuant to Administrative Code Chap- 
ter 4 ID. The provisions of this Section shall be 
posted on an 8-1/2 inch by 11-inch sign in the 
lobby of each such Residential Hotel in an area 
visible to guests and occupants. 

(b) Penalty. In addition to any available 
civil penalties, any operator, employee or agent 
of a Residential Hotel who violates any of the 
provisions of this Section shall be guilty of an 
infraction, the penalty for which shall be a fine of 
not less than $50 nor more than $500, consistent 
with the California Government Code. (Added by 
Ord. 135-01, File No. 010526, App. 7/6/2001; 
amended by Ord. 62-02, File No. 020343, App. 
5/3/2002) 

SEC. 920. REGISTERING FOR LODGING 
ACCOMMODATIONS UNDER FICTITIOUS 
NAMES PROHIBITED. 

No person shall write or cause to be written, 
or knowingly permit to be written, in any regis- 
ter in any hotel, motel, auto court, lodging house, 
rooming house, or other place whatsoever where 
transients are accommodated in the City and 
County of San Francisco, any other or different 
name or designation than the true or legal name 
of the person so registered therein. (Added by 
Ord. 256-67, App. 9/27/67) 



SEC. 921. PENALTY. 

Any person violating any of the provisions of 
Section 920 of this Article shall be deemed guilty 
of a misdemeanor and upon conviction thereof 
shall be punished by a fine not to exceed $500 or 
by imprisonment in the County Jail not exceed- 
ing 180 days, or by both such fine and imprison- 
ment. (Added by Ord. 256-67, App. 9/27/67) 

SEC. 924. FIXING RATES, TO BE 
CHARGED FOR TRANSPORTATION OF 
PERSONAL BAGGAGE. 

No person, firm or corporation shall demand, 
collect, charge or receive a higher rate for trans- 
portation of personal baggage than is herein 
specified: 

To and from The Embarcadero, or railroad 
depot at Third and Townsend Streets, to or from 
any point within the following described districts 
of San Francisco: 



ZONE1. 

Starting at Fillmore Street and the Bay, thence 
southerly along Fillmore Street and Church 
Street to Army Street; thence easterly to Po- 
trero Avenue; thence northerly to Division 
Street; thence easterly to Channel Street; thence 
to the Bay. 

RATES— 

Trunks $1.00 each 

Small pieces with trunks .25 " 

All single suitcases or other 

small pieces .50 " 

Each additional trunk .75 " 



ZONE 2. 

District bounded on the east by Fillmore and 
Church Streets; on the west by First Avenue 
and Burnett Avenue; on the south by Thirtieth 
Street, and on the north by the Presidio and 
Bay. 



511 



RATES— 



Miscellaneous Regulations for Professions and Trades 



Sec. 924. 



Trunks $1.00 each 

Small pieces with trunks .25 

All single suitcases or other 

small pieces .50 

Each additional trunk 1.00 " 



ZONE 3. 

Between First and Fifteenth Avenues, the Pre- 
sidio and Santiago Street. Also district bounded 
on the north by Channel and Division Street; 
on the west by Potrero Avenue; on the south by 
Army Street and the east by the Bay. Also 
district bounded on the north by Army Street; 
on the west by Mission and Chenery Streets; 
on the south by Silver Avenue, and on the east 
by San Bruno Avenue. 

RATES— 

Trunks $1.25 each 

Small pieces with trunks .25 " 

All single suitcases or other 

small pieces .50 " 

Each additional trunk 1.00 " 



ZONE 4. 

District between Fifteenth and Thirtieth Av- 
enues from the Presidio and Ocean to San- 
tiago Street. Also district bounded by Army 
Street on the north; San Bruno Avenue on the 
west; Oakdale Avenue on the south. Also dis- 
trict bounded by Thirtieth Street on the north; 
Chenery Street on the east; Bosworth Street 
on the south and Congo Street on the west. 

RATES- 



ZONE^ 

District bounded by Thirtieth Avenue and For- 
tieth Avenue, the Ocean and Lincoln Park on 
the north and Santiago Street on the south. 
Also district bounded by Clipper Street on the 
north; Burnett Avenue on the east; Bosworth 
Street. San Jose and Ocean Avenues on the 
south and Phelan Avenue, and Hamburg Street 
on the west. 



RATES— 



Trunks $1.75 each 

Small pieces with trunks .25 " 

All single suitcases or other 

small pieces .50 " 

Each additional trunk 1.00 " 



ZONE 6. 

From Fortieth Avenue to the Ocean to San- 
tiago Street. From the Ocean easterly to Ham- 
burg Street (including St. Francis Wood, For- 
est Hill, Almshouse Tract and Westwood Park 
not otherwise provided for) Ocean Avenue, 
Madrid Street, Silver Avenue, San Bruno Av- 
enue to Oakdale Avenue to the Bay; thence to 
the City and County line. 

RATES— 



Trunks $2.00 each 

Small pieces with trunks .25 " 

All single suitcases or other 

small pieces .50 " 

Each additional trunk 1.00 " 



Trunks $1.50 each 

Small pieces with trunks .25 " 

All single suitcases or other 

small pieces .50 " 

Each additional trunk 1.00 " 



Any point on a street that is a division line 
between any of the above described districts 
shall be entitled to the lowest rate specified in 
either one of the districts. (Added by Ord. 1.075, 
App. 10/11/38) 



Sec. 925. 



San Francisco ■ Police Code 



512 



SEC. 925. EXCLUDED TERRITORY- 
RATES. 

The rate for the transportation of personal 
baggage between points in San Francisco, other 
than those mentioned in Section 924 of this 
Article, shall be that agreed upon between the 
owner of the baggage and the person, firm or 
corporation transporting the same. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 926. RECEIVERS TO GIVE CHECK 
FOR BAGGAGE. 

Upon the receipt of any baggage for delivery, 
the person receiving the same shall give to the 
owner a check or tag, upon which shall be plainly 
printed the name of the owner of the vehicle 
used, with his place of business and telephone 
number, and, if not an incorporated transfer 
company, the number of his license. The person 
receiving said baggage shall write upon said 
check or tag a short description of the baggage 
and its destination. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 927. DELIVERY WITHIN 
REASONABLE TIME. 

All baggage received shall be delivered to its 
destination within a reasonable time of its re- 
ceipt. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 928. PRINCIPALS RESPONSIBLE. 

Every person, firm or corporation is respon- 
sible for all acts and representations of any 
person using the name and acting as agent for 
such person, firm or corporation. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 929. PERSONAL BAGGAGE 
DEFINED. 

Personal baggage within the meaning of Sec- 
tions 924 to 929, inclusive, of this Article, shall 
include all trunks, suitcases and valises, tele- 
scope baskets, hampers, rolls of blankets or 
clothing, provided that any bundle or package 
weighing 35 pounds or more, or three or more 
feet long, shall be classed as trunks, and all other 
bundles or packages as valises. (Added by Ord. 
1.075, App. 10/11/38) 



SEC. 934. REGULATING SALE OF 
POLICE BADGES. 

It shall be unlawful for any person, firm or 
corporation to sell or offer for sale, or cause to be 
sold or offered for sale, or to deliver, or cause to 
be delivered, to any person, any badge or star of 
the kind or design used by the members of the 
Police Department, without the written authori- 
zation of the Chief of Police. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 939. REGULATING ISSUANCE OF 
PRESS CARDS. 

The Chief of Police is hereby authorized to 
issue press cards to newsgatherers, reporters 
and photographers in the actual and bona fide 
employment of a newspaper or periodical, for the 
purpose of securing their admittance within all 
police lines in this City and County. 

Applications for a press card shall be made in 
writing and filed with the Chief of Police. Each 
applicant for a press card must file with his 
application two recent photographs of himself of 
a size that may be easily attached to his press 
card, one of which shall be attached to his press 
card when issued, and the other shall be filed 
with his application with the Chief of Police. The 
photograph shall be so attached to the press card 
that it cannot be removed and another photo- 
graph substituted without detection. 

All press cards issued under this Section 
shall be issued on an annual basis, expiring on 
the last day of December. 

A record of the issuance of such press cards 
shall be kept in the office of the Chief of Police, 
with the date of issuance, the name of the person 
to whom issued, and the number of the card. The 
Chief of Police may at any time at his pleasure 
revoke the privilege attached to any or all such 
cards. Unless revoked, the privilege attached to 
such cards shall automatically terminate on the 
date of expiration, such expiration date to be 
determined as hereinabove indicated. 

Such cards shall not be transferable and it 
shall be unlawful for any person to use or have in 
his possession any such card unless the same 
was issued to him by the Chief of Police; or to use 



513 



Miscellaneous Regulations for Professions and Trades 



Sec. 947. 



any such card after the privilege attached thereto 
has terminated or been revoked. It shall likewise 
be unlawful for any person to use any such card 
while such person is not in the actual and bona 
fide employment of a newspaper or periodical as 
a newsgatherer, reporter, or photographer. 
(Amended by Ord. 5-82, App. 1/8/82) 

SEC. 940. PENALTY. 

Any person violating any provisions of Sec- 
tion 939 of this Article shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall 
be punished by a fine not to exceed $25 or by 
imprisonment in the County Jail not exceeding 
10 days, or by both such fine and imprisonment. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 944. SIDEWALK ELEVATOR, ETC., 
IRON DOOR, ETC., AND LOCK 
REQUIRED. 

It shall be unlawful for any person, firm or 
corporation to construct, operate or use, or cause 
to be constructed, operated or used, any sidewalk 
elevator unless the shafts or sidewalk openings 
of such sidewalk elevators be covered with sub- 
stantial iron doors, or iron gratings as nearly 
flush with the upper surface of the sidewalks as 
will permit proper drainage, and unless such 
doors or gratings be provided with some mechani- 
cal device for locking and unlocking them which 
will not require any person to ride on such 
elevator for the purpose of locking or unlocking 
said doors or gratings. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 945. MECHANICAL DEVICE FOR 
STOPPING REQUIRED. 

It shall be unlawful for any person, firm or 
corporation to construct, operate or use, or cause 
to be constructed, operated or used, any sidewalk 
elevator unless the same shall be equipped with 
some mechanical device which will prevent the 
platform of said elevator from approaching within 
less than five feet of the sidewalk doors or 
gratings thereof when the said doors or gratings 
are closed. (Added by Ord. 1.075, App. 10/11/38) 



SEC. 946. UNLAWFUL OPENINGS 
PROHIBITED— KIND OF METAL GUARDS 
REQUIRED. 

It shall be unlawful for any person to open 
any sidewalk elevator doors or gratings unless 
he is directed or permitted by the person, firm or 
corporation using said elevator to open such 
doors or gratings. And it shall be unlawful for 
any person, firm or corporation operating or 
using such sidewalk elevator to open or cause to 
be opened the elevator doors or gratings thereof 
unless a responsible person connected with the 
person, firm or corporation operating or using 
said elevator shall be stationed on the sidewalk 
immediately adjacent to said doors or gratings, 
who shall lift said doors or grating by hand, 
except that, if they are automatically lifted from 
below upon the rising of such elevator, before 
said doors or gratings are raised, removable 
metal guards, consisting of four metal posts, not 
less than three feet in height, shall be inserted in 
sockets placed in the sidewalk at the four corners 
of such doors or gratings, with the tops of such 
posts connected by chains or bars, so that all 
sides of such openings shall be guarded, except 
that side next to curb, and the public protected 
from injury by the sudden raising of such doors. 
Such metal guards shall be removed as soon as 
said doors or gratings are closed. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 947. NIGHT OPENING, LAMPS 
AND GUARDS REQUIRED FOR. 

It shall be unlawful for any person, firm or 
corporation operating or using sidewalk eleva- 
tors to keep the doors or gratings thereof open or 
permit the same to remain open except during 
the time necessary for the receiving or shipping 
of merchandise or supplies and unless during 
said time the said doors or gratings remain open 
suitable guards or railings are provided around 
the opening of the sidewalk to prevent accidents 
to the public, and unless a lighted lamp shall be 
maintained at openings when the doors or grat- 
ings thereof are open after dark. (Added by Ord. 
1.075, App. 10/11/38) 



Sec. 948. 



San Francisco - Police Code 



514 



SEC. 948. TRAP-DOOR, KIND OF METAL 
GUARDS REQUIRED FOR. 

It shall be unlawful for any person, firm or 
corporation to construct, operate, or use, or cause 
to be constructed, operated, or used, any trap- 
door, or opening whatsoever in any sidewalk, 
unless the same be equipped with removable 
metal guards, consisting of four metal posts, not 
less than three feet in height, and which metal 
posts shall be inserted in sockets placed in the 
sidewalk at the four corners of such trap-door or 
opening, with the tops of such posts connected by 
chains or bars, so that all sides of such openings 
shall be guarded. Such metal guards shall be 
removed as soon as said trap-doors or openings 
are closed. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 949. TRAP-DOOR, WHILE OPEN, 
GUARDS REQUIRED. 

It shall be unlawful for any person, firm or 
corporation, operating or using trap-doors or 
other openings in sidewalks to keep the doors, 
openings or gratings thereof open or permit the 
same to remain open except during the time 
necessary for the receiving or shipping of mer- 
chandise or supplies and unless during said time 
the said trap-doors, openings or gratings remain 
open suitable guards or railings are provided 
around the opening of the sidewalk to prevent 
accidents to the public. (Added by Ord. 1.075, 
App. 10/11/38) 

SEC. 954. SALE OF MERCHANDISE ON 
OCEAN BEACH PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to sell or offer for sale any goods, 
wares, merchandise or other commodity on that 
portion of said City and County of San Francisco 
known as the Ocean Beach, contiguous to and 
lying immediately west of the "Great Highway," 
between high and low water mark thereof, and 
between the northerly line of Wawona Street 
extending westerly to the Pacific Ocean and low 
water mark, and the northerly line of Anza 
Street extending westerly to the Pacific Ocean 
and low water mark. (Added by Ord. 1.075, App. 
10/11/38) 



SEC. 955. PROHIBITED SOLICITING 
UPON STREETS OF MAGAZINE 
SUBSCRIPTIONS, ETC. 

No person shall on any public street or side- 
walk in the City and County of San Francisco, or 
in any area or doorway or entrance-way imme- 
diately abutting thereon, solicit the sale to street 
or sidewalk traffic of any subscription to any 
magazine or periodical for future delivery, or the 
sale of any tangible personal property to be 
delivered to the purchaser thereof, or to any 
other person, at a subsequent time. (Added by 
Ord. 3263, Series of 1939, App. 5/15/45) 

SEC. 959. REGULATING TURNING OFF 
OF GAS SUPPLY IN HOTELS AND 
DWELLINGS. 

It shall be unlawful for any proprietor, owner, 
lessee or person to turn off the gas supply, at the 
meter, or any other point on the supply pipe, 
except at the stop cock on the gas fixture, in any 
hotel, lodging house, apartment house, or in any 
house or building wherein rooms are rented or 
used for sleeping purposes, or in any private 
residence, except said gas supply is turned off for 
repairs or by reason of accident, or in cases 
where the building is vacated. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 960. USE OF DEFECTIVE STOP 
COCKS IN HOTELS AND DWELLINGS 
PROHIBITED. 

It shall be unlawful for any proprietor, owner, 
lessee or person to maintain or use in any hotel, 
lodging house, apartment house or in any house 
or building wherein rooms are rented or used for 
sleeping purposes, or in any private residence, 
any gas fixture having a defective key or stop 
cock, or any key or stop cock which has not a pin 
or other device to prevent a reopening of the gas 
way by further continuous movement of the key 
or stop cock in the same direction after the gas 
way has been closed. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 961. PENALTY. 

Every person who shall violate any of the 
provisions of Sections 959 and 960 of this Article 



515 



Miscellaneous Regulations for Professions and Trades 



SEC. 972. 



shall be deemed guilty of a misdemeanor and 
upon conviction thereof, shall be punished by a 
fine of not more than $500 nor less than $50, or 
by imprisonment in the County Jail for a period 
of not more than six months nor less than 50 
days, or by both such fine and imprisonment. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 964. CRUSHING ROCK, ETC., 
WITHIN CERTAIN HOURS, ETC., 
PROHIBITED. 

No person, firm or corporation shall carry on 
the business of crushing rock, brick or concrete 
by machinery or otherwise in the City and County 
of San Francisco unless the place where such 
business is conducted and carried on is so en- 
closed as to prevent the deposit or scattering of 
rock, dust or debris outside of said enclosure 
upon the public streets, highways or squares, or 
property of adjacent owners; and no such ma- 
chinery shall be operated within the fire limit of 
said City and County between the hours of 6:00 
p.m. and the hour of 6:00 a.m. of the following 
day. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 969. TRANSPORTATION 
TICKETS— REGULATING SALE OF. 

(a) It is hereby determined and declared 
that the price or charge for the sale, resale, 
purchase, or procurement by purchase or other- 
wise, within the City and County of San Fran- 
cisco, of tickets, reservations or passenger accom- 
modations, issued by any railroad, parlor or 
sleeping car owner or operator, steamship com- 
pany, air line or bus line, is a matter affected 
with a public interest and subject to the super- 
vision of the authorities of said City and County, 
for the purpose of safeguarding the public against 
fraud, extortion, exorbitant rates and similar 
abuses. 

(b) It shall be unlawful for any person, firm 
or corporation to offer for sale, sell, resell, or 
cause to be sold, or resold; or to purchase, ac- 
quire or procure, either on his own behalf or on 
behalf of another, in the City and County of San 
Francisco, any ticket, reservation or passenger 
accommodation, issued by any railroad, parlor or 
sleeping car owner or operator, or steamship 



company, air line or bus line, at a price in excess 
of $1 over the established tariff charge therefor. 

The term "established tariff charge" shall be 
the charge set forth in the tariff as published and 
filed by the railroad, parlor or sleeping car owner 
or operators, steamship company, air line or bus 
line, involved. 

(c) Nothing in Sections 969 to 972, inclu- 
sive, of this Article contained shall be taken or 
deemed to authorize or approve the sale of such 
ticket, reservation or passenger accommodation 
by any railroad, parlor or sleeping car owner or 
operator, or steamship company, air line or bus 
line, or by any officer, agent or employee thereof, 
at other than the lawful tariff rates applicable 
thereto. (Added by Ord. 3042, Series of 1939, 
App. 12/14/44) 

SEC. 970. REGULATIONS TO BE 
POSTED. 

The person responsible for the management 
of each travel agency and hotel, operating within 
the City and County of San Francisco, and where 
such reservations may be made, shall cause a 
copy of Sections 969 to 972, inclusive, of this 
Article to be posted in a conspicuous place on 
said premises. (Added by Ord. 3042, Series of 
1939, App. 12/14/44) 

SEC. 971. PENALTY. 

Any person violating the provisions of. Sec- 
tions 969 to 972, inclusive, of this Article shall be 
guilty of a misdemeanor, and upon conviction, 
shall be punished by a fine of not to exceed $100 
or by imprisonment in the County Jail for a term 
not to exceed 30 days, or by both such fine and 
imprisonment. (Added by Ord. 3042, Series of 
1939, App. 12/14/44) 

SEC. 972. EXCEPTIONS. 

(a) Sections 969 to 972, inclusive, of this 
Article shall not apply to tickets, reservations or 
passenger accommodations to or from places 
outside of the continental United States and 
Canada, nor shall it apply to the sale, resale, 
purchase or acquisition of any of such tickets or 
reservations sold, disposed of, purchased or ac- 
quired, pursuant to any written contract be- 



SEC. 972. 



San Francisco ■ Police Code 



516 



tween a travel agency and the owner or operator 
of any of the above enumerated transportation 
companies. 

(b) Nothing contained in Sections 969 to 
972, inclusive, of this Article shall prevent a 
regularly established travel bureau or travel 
agency from selling tours over common carriers, 
with stopover accommodations and services, for 
a price that includes an entire tour, nor shall 
such a bureau or agency be limited by Sections 
969 to 972, inclusive, of this Article in its charges 
for travel assistance or service rendered to its 
patrons in the regular course of its business. 
(Added by Ord. 3042, Series of 1939, App. 12/14/ 
44) 



(c) For the purposes of this Section, the 
word "drink" is hereby defined to mean any 
nonalcoholic beverage, or any alcoholic beverage 
which contains less than one-half of one percent 
of alcohol by volume and which is fit for beverage 
purposes either alone or when diluted, mixed, or 
combined with other substances. 

(d) The violation of any provision of this 
Section shall constitute a misdemeanor, punish- 
able by fine not exceeding $500, or by imprison- 
ment in the County Jail for a period not exceed- 
ing 90 days, or by both such fine and 
imprisonment. (Added by Ord. 249-60, App. 5/12/ 
60) 



SEC. 973. PROHIBITING SOLICITATION 
OF PURCHASES OF FOOD AND DRINK; 
DECLARING PENALTIES. 

(a) It shall be unlawful in any place of 
business where food or drink is sold to be con- 
sumed upon the premises, for any person who 
loafs or loiters about such place, or who is 
employed therein, to solicit or beg any patron, 
customer or visitor in such establishment to 
purchase any food or drink for the one so solic- 
iting or begging or for any other person frequent- 
ing or loafing or loitering about such establish- 
ment; and no person shall enter upon such place 
of business, or remain therein, for the purpose of 
so soliciting or begging any patron, customer or 
visitor to purchase any food or drink for the one 
so entering or remaining or for any other person. 

(b) It shall be unlawful for any person who 
owns, manages or otherwise exercises control 
over any such place of business as described in 
Subdivision (a) of this Section to permit or allow 
any person to solicit or beg any patron, customer 
or visitor therein to purchase any food or drink 
for the one so soliciting or begging or for any 
other person frequenting or loafing or loitering 
about such establishment. In addition to the 
penalties prescribed in Subdivision (d) of this 
Section, any person owning, managing or other- 
wise controlling such place of business who per- 
mits or allows any violation of this Section shall 
be deemed guilty of maintaining a nuisance. 



[The next page is 535] 



ARTICLE 13.1: JUNK DEALERS— PERMIT AND REGULATION 



Sec. 974.1. 
Sec. 974.2. 
Sec. 974.3. 

Sec. 974.4. 

Sec. 974.5. 

Sec. 974.6. 

Sec. 974.7. 

Sec. 974.8. 

Sec. 974.9. 

Sec. 974.10-1. 

Sec. 974.10-2. 
Sec. 974.11. 

Sec. 974.12. 

Sec. 974.13. 
Sec. 974.14-1. 
Sec. 974.14-2. 

Sec. 974.15. 
Sec. 974.16. 

Sec. 974.17. 

Sec. 974.20. 

Sec. 974.21. 

Sec. 974.22. 

Sec. 974.23. 

Sec. 974.25. 



Definitions. 
Permit Required. 
Application for Junk Dealer 
Permit. 

Contents of Application. 
Corporate Applicants. 
Partnership Applicants. 
Verification of Application. 
Notice of Hearing. 
Referral of Applications to 
Other Departments. 
Issuance of Junk Dealers 
Permit. 

Annual Review. 
Suspension or Revocation of 
Permit. 

Name and Place of Business- 
Change of Location. 
Transfer of Permit. 
Operation of a Junk Dealer. 
Prohibitions on Particular 
Purchases. 

Holding Period Exemption. 
Holding Period Exemption 
(Continued). 

Holding Period Exemption 
(Continued). 
Computation of Time. 
Penalty. 

Limit on Suspension. 
License Fees. 
Severability. 



SEC. 974.1. DEFINITIONS. 

(a) Except as otherwise specified in this 
section, the terms used in this Article shall have 
the same meaning as those terms are defined in 
the California Business and Professions Code, 
Chapter 9, Article 3, Section 21600 et seq., in- 
cluding as those sections are hereafter amended. 



(b) "Buy Book" is a form to be filled out that 
must contain all of the following information: 

(i) The place and date of each sale or pur- 
chase of junk. 

(ii) The name, valid driver's license number 
and state of issue or valid California-issued 
identification card number of the person buying 
or selling junk, and vehicle license number in- 
cluding the state of issue of any motor vehicle 
used in transporting the junk to the junk dealer's 
or recycler's place of business. 

(iii) The name and address of each person to 
whom junk is sold or disposed of, and the license 
number of any motor vehicle used in transport- 
ing the junk from the junk dealer's or recycler's 
place of business. 

(iv) A description of the item or items of 
junk purchased or sold, including the item type 
and quantity, model number and/or model name, 
and identification number, if visible. 

(v) A statement indicating either that the 
seller of the junk is the owner of it, or the name 
of the person he or she obtained it from, as 
shown on a signed transfer document. 

(vi) If the state legislature amends Califor- 
nia Business and Professions Code Section 21606, 
that subsequent amendment shall be incorpo- 
rated herein. 

(c) Hazardous materials shall be those ma- 
terials defined in San Francisco Health Code 
Article 21, Division 1, Section 1102. (Added by 
Ord. 136-75, App. 4/14/75; amended by Ord. 
389-91, App. 10/31/91; Ord. 69-05, File No. 050178, 
App. 4/15/2005) 

SEC. 974.2. PERMIT REQUIRED. 

(a) It shall be unlawful for any person to 
engage in, conduct, or carry on the business of 
junk dealer in the City and County of San 
Francisco without first securing a permit there- 
for from the Chief of Police. 



535 



Sec. 974.2. 



San Francisco - Police Code 



536 



(b) Exclusion. A recycler, processor, recy- 
cling center, or noncertified recycler, as those 
terms are defined in Chapter 2 (commending 
with Section 14502) of Division 12.1 of the Cali- 
fornia Public Resources Code shall not be subject 
to the requirements of this Article, but shall be 
regulated by provisions of Chapter 9, Article 3 
(commencing with Section 21600) of the Califor- 
nia Business and Professions Code. (Added by 
Ord. 136-75, App. 4/14/75; amended by Ord. 
389-91, App. 10/31/91) 

SEC. 974.3. APPLICATION FOR JUNK 
DEALER PERMIT. 

The applicant for a permit to engage in, 
conduct, or carry on the business of junk dealer 
shall file an application on a form provided 
therefor by the Chief of Police and shall pay a 
filing fee, which shall not be refundable. (Amended 
by Ord. 555-81, App. 11/12/81) 

SEC. 974.4. CONTENTS OF 
APPLICATION. 

The application for a permit to engage in, 
conduct or carry on a business of junk dealer 
shall set forth the proposed place of business and 
facilities therefor, including whether or not the 
junk dealer will engage in welding, use of a 
propane tank, or cutting torches operated by 
compressed gasses, the name and address of 
each applicant, and such other information as 
the Chief of Police deems necessary to investi- 
gate the applicant and the applicant's proposed 
place of business. (Added by Ord. 136-75, App. 
4/14/75; amended by Ord. 69-05, File No. Q50178, 
App. 4/15/2005) 

SEC. 974.5. CORPORATE APPLICANTS. 

If the applicant for a permit is a corporation, 
the application shall set forth the name of the 
corporation exactly as set forth in the Articles of 
Incorporation, together with the names and ad- 
dresses of each officer, director and shareholder 
owning more than 10 percent of the stock of such 
corporation. (Added by Ord. 136-75, App. 4/14/ 
75) 



SEC. 974.6. PARTNERSHIP 
APPLICANTS. 

If the applicant to conduct, carry on, or 
engage in the business of junk dealer is a part- 
nership, the application shall set forth the names 
and addresses of each partner, including limited 
partners. If one or more of the partners is a 
corporation, the provisions for corporate appli- 
cant shall apply to such corporate partners. 
(Added by Ord. 136-75, App. 4/14/75) 

SEC. 974.7. VERIFICATION OF 
APPLICATION. 

Every application for a permit shall be veri- 
fied as provided for in the California Code of 
Civil Procedures for the verification of pleadings. 
(Added by Ord. 136-75, App. 4/14/75) 

SEC. 974.8. NOTICE OF HEARING. 

When an application is filed for a permit 
pursuant to the provisions of this Article, the 
Chief of Police shall set a date for said hearing 
not less than 10 days from the date of the 
application. The Chief of Police shall cause to 
have posted on the premises in a conspicuous 
place a notice of such hearing and the type of 
business to be conducted therein at least 10 days 
prior to the hearing. The applicant shall main- 
tain such notice on his premises. (Added by Ord. 
136-75, App. 4/14/75) 

SEC. 974.9. REFERRAL OF 
APPLICATIONS TO OTHER 
DEPARTMENTS. 

The Chief of Police, upon receiving an appli- 
cation to engage in, conduct or carry on the 
business of junk dealer, shall refer the applica- 
tion to the Bureau of Building Inspection, Fire 
Department, the Department of Public Health 
and to the City Planning Department, which 
departments shall inspect the premises proposed 
to be operated as a junk yard by the applicant 
and shall make written recommendations to the 
Chief of Police. (Added by Ord. 136-75, App. 
4/14/75) 



537 



Junk Dealers — Permit and Regulation 



Sec. 974.10-2. 



SEC. 974.10-1. ISSUANCE OF JUNK 
DEALERS PERMIT. 

The Chief of Police may issue a permit within 
14 days after the date of hearing if the Chief 
finds: 

(a) That the proposed premises to be used 
by the applicant as a junk yard conforms to all 
applicable laws, including, but not limited to, the 
Building, Health, Fire, City Planning and Hous- 
ing Codes of the City and County of San Fran- 
cisco; 

(b) That the applicant has appropriate per- 
mits for welding, use of propane tanks, or cutting 
torches operated by compressed gasses if the 
permit holder will use such items in the busi- 
ness; 

(c) That the applicant has not been con- 
victed of a crime involving the possession or theft 
of property, fraud, hazardous materials or the 
environment, or crimes related to the operation 
of a junk dealer, provided, however, the Chief of 
Police shall not take into account such conviction 
if the applicant suffered such conviction at least 
five years prior to the date of the application and 
at least five years has elapsed since the appli- 
cant has been free of any disability resulting 
from said conviction and the applicant has suf- 
fered no subsequent convictions for a felony or 
misdemeanor offense relating to theft or the 
possession of stolen property, fraud, crimes re- 
lated to hazardous materials or the environ- 
ment; 

(d) That the proposed location of the busi- 
ness is a suitable place to carry on the business 
of junk dealer. In making such finding, the Chief 
of Police may take into consideration the effect of 
the issuance of the permit upon the surrounding 
property and the inhabitants thereof; 

(e) That the applicant has not had revoked 
any permit or license issued by the State of 
California or the City and County of San Fran- 
cisco or other government agency to engage in a 
business or profession within the State of Cali- 
fornia because of a violation of law or because of 
violation of regulations promulgated by the regu- 
lating agency having control or jurisdiction over 
the license or permit; further, the Chief of Police 



shall not consider any such revocation if such 
revocation occurred at least five years prior to 
the date of the application. 

(f) That the applicant has not had civil 
penalties imposed by a court or other govern- 
ment agency related to the operation of a junk 
dealer or hazardous materials or the environ- 
ment within the past five years prior to the date 
of application. (Added by Ord. 136-75, App. 4/14/ 
75; amended by Ord. 69-05, File No. 050178, 
App. 4/15/2005) 

SEC. 974.10-2. ANNUAL RENEWAL. 

(a) Every junk dealer shall provide to the 
Chief of Police, by the anniversary date of the 
issuance of the permit, information regarding 
changes in the business or status of the permit 
holder. Such information shall include: 

(i) Information regarding all notices of vio- 
lation issued by any governmental entity, includ- 
ing but not limited to the San Francisco Depart- 
ment of Public Health, Building Inspection, Fire 
Department, or City Planning, to the business, 
property owner, permit holder, or employees, 
during the past year. 

(ii) Information detailing corrective actions 
taken to address previous notices of violation or 
other conditions placed upon the business. 

(iii) Information regarding criminal cita- 
tions issued to the business, property owner, 
permit holder or employees related to the opera- 
tion of the business, including citations regard- 
ing failure to comply with state or local law 
applicable to junk dealers, or for receiving stolen 
property. 

(iv) Any change in information regarding 
the permit holder or ownership of the business, 
including change of address, change of owner- 
ship or change of partnership or corporate sta- 
tus. 

(v) If the permit holder welds, uses propane 
tanks, or cutting torches operated by compressed 
gasses on the premises or as part of its business, 
proof of valid permits for such use. 

(b) The Police Department shall within 30 
days of the receipt of the annual renewal infor- 
mation review the information and determine 



Sec. 974.10-2. 



San Francisco - Police Code 



538 



whether or not a revocation hearing is war- 
ranted. The Police Department should inform 
the permit holder of its decision in writing by 
first class mail to the address provided in the 
application within 30 days of the receipt of such 
information. Should the Department determine 
that a revocation hearing is warranted, the De- 
partment shall follow the procedure set forth in 
this article for revocation hearings. Failure to 
inform the permit holder of the decision within 
30 days does not preclude the Department from 
initiating a revocation hearing. (Added by Ord. 
69-05, File No. 050178, App. 4/15/2005) 

SEC. 974.11. SUSPENSION OR 
REVOCATION OF PERMIT. 

Any permit to a junk dealer may be sus- 
pended or revoked by the Chief of Police after a 
hearing for cause. 

(a) Cause may include: 

(i) Violations of any of the provisions of this 
Article, including violations by employees where 
the permit holder knew or should have known of 
the violation. 

(ii) Refusal to permit any peace officer of 
the State of California or the United States or 
other person with authority to enforce applicable 
rules and regulations to inspect the premises of 
the junk dealer, the junk stored thereon or the 
operations therein. 

(iii) Violations of the Business and Profes- 
sions Code of the State of California relating to 
the operations of a junk dealer. 

(iv) The premises are in violation of the San 
Francisco Municipal Code, including but not 
limited to the building, health, fire, city planning 
and/or police codes. 

(v) Failure to maintain buy books in the 
manner required by this Article, including fail- 
ure to completely fill out the required form. 

(vi) Use of welding equipment, propane 
tanks, or cutting torches operated by compressed 
gasses without valid permits, 

(b) The standard of proof at the hearing 
shall be preponderance of the evidence. (Added 
by Ord. 136-75, App. 4/14/75; amended by Ord. 
69-05, File No. 050178, App. 4/15/2005) 



SEC. 974.12. NAME AND PLACE OF 
BUSINESS— CHANGE Of LOCATION. 

No person granted a permit pursuant to the 
provisions of this Article shall operate under 
another name or in any location not specified on 
the permit. (Added by Ord. 136-75, App. 4/14/75; 
amended by Ord. 69-05, File No. 050178, App. 
4/15/2005) 

SEC. 974.13. TRANSFER OF PERMIT. 

No permit issued pursuant to the provisions 
of this Article shall be transferred to any other 
person or to any other location without the 
written consent of the Chief of Police, provided, 
however, that upon the death or incapacity of the 
permittee the junk yard may continue for a 
reasonable period of time to allow for an orderly 
transfer of the permit. (Added by Ord. 136-75, 
App. 4/14/75) 

SEC. 974.14-1. OPERATION OF A JUNK 
DEALER. 

Every junk dealer shall: 

(a) Maintain on the business premises all 
junk purchased by the permitted business except 
ferrous metals as set forth in (b) below, or alu- 
minum cans, in the same condition as purchased 
for a period of five working days unless exempted 
pursuant to this Article; however, this holding 
period may be extended for a period not to exceed 
14 working days at the request of a peace officer 
but not beyond 14 working days without an order 
of court; 

(b) Maintain on his premises all ferrous 
metals purchased by the permitted business in 
the same condition as purchased that are fence 
material, pipe, chain, foundry castings, cable or 
conduit or thin wall tubing for a period of three 
days unless exempted pursuant to provisions of 
this Article; 

(c) Allow any peace officer or other person 
with authority to enforce applicable rules and 
laws to inspect the premises and articles stored 
therein and operation thereof of the junk dealer 
at the junk yard. 



539 



Junk Dealers — Permit and Regulation 



Sec. 974.17. 



(d) Maintain a "Buy Book" in the following 
manner: 

(i) Fill out the form completely for every 
transaction; 

(ii) Require the seller to present a valid 
form of identification at the time of each trans- 
action and record the information from that 
piece of identification at the time of the transac- 
tion; 

(iii) Consecutively number each buy book; 

(iv) Include in the buy book any and all 
voided tags; 

(v) Maintain the buy book in serial number 
order for a period of three years from the last 
date in the book; 

(vi) Allow inspection by law enforcement 
agencies of the buy book immediately on request 
without a subpoena. 

(e) Post the permit in a conspicuous place at 
the junk yard. 

(f) Maintain the sidewalks, driveways and 
other areas adjacent to the premises clear of 
obstacles, trash and debris. 

(g) Take reasonable steps to ensure that its 
customers do not loiter in the areas adjacent to 
or near the premises. (Added by Ord. 136-75, 
App. 4/14/75; amended by Ord. 69-05, File No. 
050178, App. 4/15/2005) 

SEC. 974.14-2. PROHIBITIONS ON 
PARTICULAR PURCHASES. 

No person holding a junk dealer permit shall 
purchase: 

(a) Any item from a seller who does not 
present at the time of the transaction a valid 
driver's license or other valid government-issued 
identification. 

(b) Automotive or mechanical parts that 
contain hazardous materials. 

(c) Goods where the permit holder or em- 
ployee has or should have reason to believe that 
the goods may be stolen. (Added by Ord. 69-05, 
File No. 050178, App. 4/15/2005) 



SEC. 974.15. HOLDING PERIOD 
EXEMPTION. 

The Chief of Police or a peace officer, or 
officers designated by the Chief of Police, may 
authorize a retention period of less than five 
working days for nonferrous metals or for those 
ferrous metals mentioned in Section 974.14-l(b) 
purchased by the junk dealer after the officer's 
investigation and by endorsing in writing on the 
junk dealer's copy of the "Buy Book" form an 
authorization to release the metals hereinabove 
mentioned. (Added by Ord. 136-75, App. 4/14/75; 
amended by Ord. 69-05, File No. 050178, App. 
4/15/2005) 

SEC. 974.16. HOLDING PERIOD 
EXEMPTION (CONTINUED). 

A junk dealer shall not be required to retain 
nonferrous metals or those ferrous metals men- 
tioned in Section 974.14(b) in the same condition 
as purchased or retain the said metals in his 
junk yard if said metals were purchased from a 
public utility or a government agency and pay- 
ment is made for the metals by check drawn on 
an account of the junk dealer and made payable 
to the public utility company or government 
agency from which the metals hereinabove men- 
tioned were purchased. (Added by Ord. 136-75, 
App. 4/14/75) 

SEC. 974.17. HOLDING PERIOD 
EXEMPTION (CONTINUED). 

A junk dealer shall not be required to retain 
nonferrous metals or those ferrous metals men- 
tioned in Section 974.14(b) in the same condition 
as purchased or retain such material at his junk 
yard for a period of five working days if said 
metals were purchased from a firm having a 
fixed place of business and said firm has been at 
the same location for more than two years and 
payment is made to said firm by a check drawn 
on an account in the name of the junk dealer and 
made payable to the company from which the 
metals hereinabove mentioned were purchased. 
(Added by Ord. 136-75, App. 4/14/75) 

Sec. 974.18. 

(Added by Ord. 136-75, App. 5/14/75; repealed by 

Ord. 69-05, File No. 050178, App. 4/15/2005) 



Sec. 974.17. 



San Francisco - Police Code 



540 



Sec. 974.19. 

(Added by Ord. 136-75, App. 4/14/75; repealed by 

Ord. 69-05, File No. 050178, App. 4/15/2005) 

SEC. 974.20. COMPUTATION OF TIME. 

In computing the number of days for the 
retention of metal pursuant to the provisions of 
this Article, the day of purchase shall not be 
counted, nor shall Saturdays, Sundays or days 
declared to be holidays by Section 6700 or 6701 
of the Government Code of the State of Califor- 
nia be counted. (Added by Ord. 136-75, App. 
4/14/75) 

SEC. 974.21. PENALTY. 

(a) Violation of the provisions of this Ar- 
ticle, with the exception of Section 974. 14- 1(f) 
and (g), shall be punishable as a misdemeanor by 
a fine not to exceed $1000 or by imprisonment in 
the County Jail not to exceed six months or by 
both such fine and imprisonment. 

(b) Violation of 974.14-l(f) and (g) of this 
Article shall be punishable as follows: 

(1) First Conviction. Any person violating 
Section 974. 14- 1(f) and (g) shall be guilty of an 
infraction. Upon conviction, the violator shall be 
punished by a fine of not to exceed $500 for each 
provision violated. 

(2) Subsequent Convictions. In any accu- 
satory pleading charging a violation of Section 
974.14-l(f) or (g), if the defendant has been 
previously convicted of a violation of such Sec- 
tion^), each such previous violation and convic- 
tion may be charged in the accusatory pleading. 
Any person violating any provision of this sec- 
tion a second time shall be guilty of an infraction 
or a misdemeanor, at the discretion of the pros- 
ecutor. A violation which is an infraction is 
punishable by a fine of not less than $500 or 
more than $1000 for each provision violated. A 
violation that is a misdemeanor is punishable by 
a fine of not more than $1000, or by imprison- 
ment in the County Jail for not more than six 
months, or by both such fine and imprisonment. 
(Added by Ord. 136-75, App. 4/14/75; amended 
by Ord. 69-05, File No. 050178, App. 4/15/2005) 



SEC. 974.22. LIMIT ON SUSPENSION. 

If the Chief of Police determines based on 
reasonable cause that the junk business poses an 
immediate threat to the safety of the employees 
or the public, the Chief shall have the authority 
to immediately suspend the permit. The Chief 
shall provide notice to the permit holder within 
one week of the suspension as to a date for a 
revocation hearing. The revocation hearing must 
be held within 45 days of the suspension absent 
an agreement of the permit holder to voluntarily 
continue the hearing date and extend the period 
of suspension. (Added by Ord. 136-75, App. 4/14/ 
75; amended by Ord. 69-05, File No. 050178, 
App. 4/15/2005) 

SEC. 974.23. LICENSE FEES. 

Every person issued a permit pursuant to the 
provisions of this Article shall pay an annual 
license fee, payable in advance to the Tax Collec- 
tor. (Amended by Ord. 555-81, App. 11/12/81) 

Sec. 974.24. 

(Added by Ord. 136-75, App. 4/14/75; repealed by 

Ord. 69-05, File No. 050178, App. 4/15/2005) 

SEC. 974.25. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Article or any part 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause or phrase thereof irrespective of the fact 
that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, clauses or 
phrases be declared unconstitutional or ineffec- 
tive. (Added by Ord. 136-75, App. 4/14/75) 



[The next page is 551] 



ARTICLE 14: LICENSES FOR ADVERTISING 



Sec. 989. Regulating Balloon and Kite 

Advertising. 
Sec. 990. Notice to Director of Public 

Works. 
Sec. 991. Inspection. 

Sec. 991.1. Filing Fee. 
Sec. 992. License Fees. 

SEC. 989. REGULATING BALLOON AND 
KITE ADVERTISING. 

It shall be unlawful for any person, firm or 
corporation to release inside the limits of the 
City and County of San Francisco, or to release 
in such a manner that the same will float over 
the City and County of San Francisco, or any 
portion thereof, any balloon or kite carrying any 
advertising matter thereon or used for the pur- 
pose of advertising any person, firm, corporation 
or product, or to suspend in the air over the City 
and County of San Francisco, or any portions 
thereof, either by ropes, strings, wires or cables, 
any balloon or kite carrying any advertising 
matter thereon or used for the purpose of adver- 
tising any person, firm, corporation or product, 
without having first obtained a permit therefor 
from the Police Department, which said permit 
shall specify the name of the permittee and the 
location of the place of business of said permit- 
tee. (Added by Ord. 1.075, App. 10/11/38) 

SEC. 990. NOTICE TO DIRECTOR OF 
PUBLIC WORKS. 

No permittee authorized to do the things set 
out in Section 989 of this Article, shall release or 
fly any balloon or kite for the aforesaid purposes, 
within this city and county, without first notify- 
ing in writing the Director of Public Works of the 
location from which said balloon or kite is to be 
flown, released, attached or suspended. (Added 
by Ord. 1.075, App. 10/11/38) 

SEC. 991. INSPECTION. 

It shall be the duty of the Director of Public 
Works, upon receipt of the aforesaid written 



notice from the permittee, to inspect the said kite 
or balloon and ropes, strings, wires or cables, and 
the mechanism used in suspending, tying, rais- 
ing or lowering the kite or balloon for the pur- 
pose of ascertaining whether they are of suffi- 
cient strength and texture and mechanically 
proper to permit their operation in safety; but in 
no instance shall the Director of Public Works 
allow any kite or balloon for the aforesaid pur- 
poses to be used to which is attached any wire, 
wire cable or metallic substance, or which is 
painted with a metallic paint. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 991.1. FILING FEE. 

Every person desiring a permit pursuant to 
Section 989 of this Article shall file an applica- 
tion with the Chief of Police upon a form pro- 
vided by said Chief of Police and shall pay a 
filing fee. (Added by Ord. 555-81, App. 11/12/81) 

SEC. 992. LICENSE FEES. 

Any person, firm, or corporation permitted by 
the Police Department to release, fly, float, sus- 
pend, raise or lower any kite or balloon as set out 
in Section 989 of this Article, shall pay to the Tax 
Collector of this City and County a license fee per 
balloon or kite per person for the privilege of 
using said permit. (Added by Ord. 143-82, App. 
3/26/82) 



551 



Sec. 992. San Francisco - Police Code 552 



[The next page is 561] 



ARTICLE 15: LICENSES FOR AMUSEMENTS 



Sec. 1015. Imposing a License Tax on 

Itinerant Shows. 

Sec. 1016. Itinerant Show Defined. 

Sec. 1017. Permit by Entertainment 

Commission; Regulations for. 

Sec. 1017.1. Filing Fee. 

Sec. 1017.2. Exemption, Nonprofit 

Organization. 

Sec. 1018. Permit and License Regulations. 

Sec. 1019. Circuses. 

Sec. 1019.1. Permit Required. 

Sec. 1019.2. License Fee. 

Sec. 1019.3. Issuance of License. 

Sec. 1019.4. License Fee, Exception. 

Sec. 1019.5. Exemptions. 

Sec. 1020. Rodeo Exhibitions and Shows. 

Sec. 1021. Ball or Ring Throwing Games. 

Sec. 1022. Definitions. 

Sec. 1023. Permit Required. 

Sec. 1024. Application for Permit. 

Sec. 1024.1. Filing Fee. 

Sec. 1025. License Fees. 

Sec. 1026. Regulations. 

Sec. 1027. Penalty. 

Sec. 1029. Masked Balls. 

Sec. 1031. Amusement Park Defined. 

Sec. 1031.1. Permit. 

Sec. 1032. License Fees for Amusement 

Parks. 

Sec. 1033. License by Tax Collector. 

Sec. 1034. Sections Not Applicable. 

Sec. 1036. Definitions. 

Sec. 1036.1. Requirements for Machines. 

Sec. 1036.2. Unlawful Acts — Exceptions. 

Sec. 1036.3. Application for Permit. 

Sec. 1036.4. Notice of Hearing. 

Sec. 1036.5. Investigations. 



Sec. 1036.6. 

Sec. 1036.7. 
Sec. 1036.8. 

Sec. 1036.9. 

Sec. 1036.10. 
Sec. 1036.11. 
Sec. 1036.12. 
Sec. 1036.13. 
Sec. 1036.14. 

Sec. 1036.15. 

Sec. 1036.16. 

Sec. 1036.17. 
Sec. 1036.18. 

Sec. 1036.19. 

Sec. 1036.20. 
Sec. 1036.21. 

Sec. 1036.22. 

Sec. 1036.23. 

Sec. 1036.24. 
Sec. 1036.25. 



Sec. 1036.26. 
Sec. 1036.28. 



Disapproval of Application — 
Conditions Corrected — 
Approval. 

Issuance or Denial of Permit. 
Certain Mechanical Amusement 
Devices Prohibited. 
Permit Forwarded to Tax 
Collector, License Fees. 
License Fees. 

Electrical Inspection Costs. 
Contents of Licenses. 
Posting License in Premises. 
Removal or Transfer of License 
to Other Premises Prohibited. 
No Prorating or Refunding of 
License Fee. 

License Fee Paid by Owner or 

Operator. 

Renewal of License. 

Procedure Where No Current 

License. 

Suspension, Revocation or 

Reinstatement of a Permit, 

Procedure For. 

Rules and Regulations to be 

Adopted. 

Ascertainment of Compliance 

With All Laws, Etc. — Inspection 

Therefor. 

When Deemed a Public 

Nuisance — Procedure Thereon. 

Machines Excepted from 

Provision Hereof. 

Penalties. 

Permit and License Required 

Notwithstanding Any Other 

Provision of Code. 

Partial Repeal. 

Saving Clause — Nonwaiver of 

Debts Due and Unpaid. 



561 



San Francisco - Police Code 



562 



Sec. 


1036.29. 


Billiard and Pool Tables 
Excepted. 


Sec. 


1036.30. 


Purpose and Findings. 


Sec. 


1036.31. 


Mechanical Amusement 
Devices; Location. 


Sec. 


1036.31-1. Arcade Location; Limitation. 


Sec. 


1036.32. 


Arcades — Operating Standards. 


Sec. 


1036.33. 


Accessory Uses : — Operating 
Standards. 


Sec. 


1036.34. 


Exception to Requirements. 


Sec. 


1036.35. 


Exemption. 


Sec. 


1037. 


Billiard and Pool Tables. 


Sec. 


1037.1. 


Filing Fee Application. 


Sec. 


1037.2. 


License Fee. 


Sec. 


1037.3. 


Permit and License Not Exempt 
From Any Other Provision of 
Code. 


Sec. 


1039. 


Regulating Shooting Galleries — 
Permit Required. 


Sec. 


1039.1. 


Filing Fee. 


Sec. 


1039.2. 


Shooting Galleries. 


Sec. 


1040. 


Firearms Regulated. 


Sec. 


1041. 


Closing During Certain Hours. 


Sec. 


1042. 


Betting Prohibited. 


Sec. 


1043. 


Bullet-proofing. 


Sec. 


1044. 


Inspection by Police. 


Sec. 


1045. 


Mechanical Contrivances and 
Other Amusements. 


Sec. 


1045.1. 


Filing Fee. 


Sec. 


1045.2. 


License. 


Sec. 


1045.3. 


Application and Posting. 


Sec. 


1045.4. 


Exceptions. 


Sec. 


1049. 


Providing for Inspection and 
Regulation of Mechanical 
Amusement Contrivances Used 
to Convey Human Beings. 


Sec. 


1050. 


Recreational Equipment Vendor 
Defined. 


Sec. 


1051. 


Permit Required. 


Sec. 


1052. 


Application for Permit. 


Sec. 


1053. 


License Fees. 


Sec. 


1054. 


Regulations. 


Sec. 


1055. 


Penalty. 



SEC. 1015. IMPOSING A LICENSE TAX 
ON ITINERANT SHOWS. 

Every person, firm or corporation maintain- 
ing or conducting in connection with an itinerant 
show or exhibition, any museum, skating rink, 
merry-go-round, swing, revolving wheel, chute, 
toboggan slide, ferris wheel, mechanical contriv- 
ance for carrying passengers, or any side show, 
exhibition or concession, shall, after conforming 
to the regulatory provisions of Sections 1017 and 
1018 of this Article, pay a license fee for each day 
for each and every concession, show or device 
herein enumerated and conducted or maintained 
in connection with any itinerant show or exhibi- 
tion. (Amended by Ord. 555-81, App. 11/12/81) 

SEC. 1016. ITINERANT SHOW DEFINED. 

The term itinerant show or exhibition shall 
be construed to mean any outdoor carnival, show 
or concession, exhibiting or operating tempo- 
rarily under a tent, or in the open, except such as 
come within the provisions of Sections 1031 to 
1034, inclusive, of this Article and the license 
provisions of the Municipal Code. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 1017. PERMIT BY 
ENTERTAINMENT COMMISSION; 
REGULATIONS FOR. 

The applicant for any show, exhibition or 
concession mentioned in Section 1015 of this 
Article shall, before beginning operations, obtain 
a permit from the Entertainment Commission to 
so operate, which permit may be revoked at any 
time by the Entertainment Commission. With- 
out such a permit from the Entertainment Com- 
mission, the Tax Collector shall not issue a 
license to conduct any itinerant show, exhibition 
or concession enumerated in Sections 1015 and 
1018 of this Article. If the permit is revoked, the 
license issued thereon shall immediately termi- 
nate and expire. 

The application for an itinerant show shall be 
filed in sufficient time to allow the Entertain- 
ment Commission to notice and fix the time and 
place for a public hearing on the application. Not 
less than 10 days before such hearing, the En- 
tertainment Commission shall cause a notice of 



563 



Licenses for Amusements 



Sec. 1019.3. 



such hearing to be posted in one or more con- 
spicuous place(s) on or about the property where 
the itinerant show is to be operated, in a fashion 
designed to inform the public of the application. 
Failure to apply in sufficient time for a noticed 
hearing to be held may be cause for the Enter- 
tainment Commission to deny issuance of a 
permit. (Amended by Ord. 581-81, App. 12/10/81; 
Ord. 164-02, File No. 020783, App. 7/26/2002) 

SEC. 1017.1. FILING FEE. 

Every person desiring a permit pursuant to 
Section 1017 of this Article shall file an applica- 
tion with the Entertainment Commission upon a 
form provided by the Entertainment Commis- 
sion and shall pay a filing fee. (Added by Ord. 
555-81, App. 11/12/81; amended by Ord. 164-02, 
File No. 020783, App. 7/26/2002) 

SEC. 1017.2. EXEMPTION, NONPROFIT 
ORGANIZATION. 

Whenever a nonprofit organization contracts 
for or rents an itinerant show or exhibition, the 
filing fee for a permit shall be $100 and the 
nonprofit organization shall be exempt from pay- 
ing the license fee. (Added by Ord. 555-81, App. 
11/12/81) 

SEC. 1018. PERMIT AND LICENSE 
REGULATIONS. 

The provisions of Section 1049 of this Article 
regulating the manner of testing passenger car- 
rying devices shall be strictly observed before 
any such itinerant show, exhibition or carnival 
may open for business. A permit signed by the 
Entertainment Commission certifying that all 
legal requirements have been met must also be 
first presented to the Tax Collector before said 
official may issue a license to the owner or lessee 
of any itinerant carnival, show or exhibition or to 
any person holding a concession therein. (Added 
by Ord. 1.075, App. 10/11/38; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1019. CIRCUSES. 

For the purpose of Sections 1019 to 1019.5, 
inclusive, a circus is hereby defined to be an 
exhibition or entertainment at which feats of 



horsemanship, acrobatic feats, and trained or 
wild animals are exhibited or displayed, or any 
combination of same, for which exhibition or 
entertainment an admission fee is charged and 
which exhibition or entertainment is conducted 
by a person having no regular established place 
of business in the City and County of San Fran- 
cisco for the exhibition or display thereof; pro- 
vided, however, that the definition of a circus 
shall not include a rodeo exhibition or show 
which is licensed under the provisions of Section 
1020 of this Article, nor shall it be to include 
pictorial representations or theatrical perfor- 
mances. (Added by Ord. 555-81, App. 11/12/81) 

SEC. 1019.1. PERMIT REQUIRED. 

(a) It shall be unlawful for any person, firm 
or corporation to conduct a circus without first 
having obtained a permit therefor from the En- 
tertainment Commission. 

(b) Said permit shall set forth the seating 
capacity of the circus, the date or dates of the 
year on which the exhibition or entertainment 
are to be held, and the number of side shows in 
connection with or belonging to such circus. 

(c) Applications for circus permits shall be 
filed with the Entertainment Commission on a 
form provided for said permit together with a 
nonrefundable fee. (Added by Ord. 555-81, App. 
11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1019.2. LICENSE FEE. 

Every owner, lessee or operator of a circus 
shall pay a license fee for each and every day any 
exhibition or performance is given therein. (Added 
by Ord. 555-81, App. 11/12/81) 

SEC. 1019.3. ISSUANCE OF LICENSE. 

The Tax Collector shall not issue a license 
under the provisions of Section 1019.2 unless the 
owner, lessee or operator of said circus shall 
obtain a permit to conduct the same from the 
Entertainment Commission and present to the 
Tax Collector such permit duly certified by the 
Entertainment Commission. (Added by Ord. 555- 
81, App. 11/12/81; amended by Ord. 164-02, File 
No. 020783, App. 7/26/2002) 



Sec. 1019.4. 



San Francisco - Police Code 



564 



SEC. 1019.4. LICENSE FEE, 
EXCEPTION. 

Where the circus is given in or about the 
Municipal Auditorium located at the Civic Cen- 
ter, and said auditorium is rented or leased at 
the regular rates usually charged therefor, the 
sum of $50 each day shall be charged for the 
license, with no additional license fee for any 
side show. (Added by Ord. 555-81, App. 11/12/81) 

SEC. 1019.5. EXEMPTIONS. 

No additional license shall be required of 
such owner, lessee or operator of a circus for any 
team, wagon, truck, automobile, freight or pas- 
senger car or equipment that is a part of such 
circus and in actual use. (Added by Ord. 555-81, 
App. 11/12/81) 

SEC. 1020. RODEO EXHIBITIONS AND 
SHOWS. 

(a) It shall be unlawful for any owner, les- 
see or operator of a rodeo exhibition or show to 
conduct the same without first having obtained a 
permit therefor from the Entertainment Com- 
mission. Each permit shall be effective only for 
those days indicated on the permit. 

(b) Applications for rodeo permits shall be 
filed with the Entertainment Commission on a 
form provided for said permit together with a 
nonrefundable fee. 

(c) Every owner, lessee or operator of a 
rodeo exhibition or show shall pay a license fee 
for the first day and an additional fee for each 
subsequent day any rodeo exhibition or perfor- 
mance is given. The Tax Collector shall not issue 
a license under the provisions of this Section 
unless the owner, lessee or operator of said rodeo 
exhibition or show shall obtain a permit to con- 
duct the same from the Entertainment Commis- 
sion and present such permit duly. 

(d) A qualified, licensed veterinarian who is 
an expert in the care of horses, bovines, sheep, 
and other large animals, and approved by the 
Commission on Animal Control and Welfare, 
shall be on-site at all times during a rodeo 
exhibition or show to examine the animals' con- 
dition and to ensure that the animals are hu- 



manely treated during the event at the permit 
holder's expense. The veterinarian may have any 
animal examined at any time without notice. 
Any animal which suffers from a fatal injury as 
determined by the veterinarian shall be immedi- 
ately euthanized. The Chief of Police or the 
Chiefs designee may suspend the use of any 
animal after receiving a complaint from the 
veterinarian regarding the condition or treat- 
ment of any animal. A statement of findings 
must be provided from the veterinarian and 
approved by the Chief of Police or the Chiefs 
designee prior to the animal returning to service. 
All costs associated with medical tests, evalua- 
tions and treatments are the responsibility of the 
permit holder. 

(e) All animals are to be used in humane 
rodeo events only. Events such as greased pig 
contests, or which utilize cattle prods, unfleeced 
flank straps for cattle or flank straps without 
sheepskin lining for horses are prohibited. The 
Rules of the Professional Rodeo Cowboys Asso- 
ciation shall apply to all rodeo events. 

(f) Notification shall be provided to the Com- 
mission on Animal Control and Welfare and the 
Department of Animal Care and Control by the 
permit applicant when any rodeo permit appli- 
cation is filed with the Entertainment Commis- 
sion, and when any permit is approved by the 
Entertainment Commission. 

(g) Any person who violates any provisions 
of this section shall be deemed guilty a misde- 
meanor and upon conviction such person shall be 
punished by a fine not to exceed $1,000 or by 
imprisonment in the County Jail for a period not 
to exceed six months, or by both such fine and 
imprisonment. (Added by Ord. 555-81, App. 11/ 
12/81; amended by Ord. 37-00, File No. 991878, 
App. 3/10/2000; Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 1021. BALL OR RING THROWING 
GAMES. 

(a) It shall be unlawful for a keeper of a ball 
or ring throwing game to operate said ball or ring 
throwing game without first having obtained a 
permit therefor from the Entertainment Com- 
mission. 



565 



Licenses for Amusements 



Sec. 1023. 



(b) Applications for ball or ring throwing 
permits shall be filed with the Entertainment 
Commission on a form provided for said permit 
together with a nonrefundable fee. 

(c) Every keeper of a ball or ring throwing 
game shall pay a license fee. All licenses issued 
under the provisions of this Section shall be 
issued for a period of one year to date from the 
expiration of the last license or from the date 
that the applicant shall have commenced busi- 
ness. Provided, however, that no such keeper 
shall be issued a license under this Section 
without first obtaining a permit from the Enter- 
tainment Commission. (Added by Ord. 555-81, 
App. 11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1022. DEFINITIONS. 

Unless the context specifically indicates oth- 
erwise, the following terms, as used in this 
Chapter, shall mean or include: 

(a) "Dance." Any gathering of persons in or 
upon any premises, other than a private home or 
residence or a class in which instruction in 
dancing is given for hire, where dancing is par- 
ticipated in. Dances, as defined herein, shall be 
classified in types as follows: "General" shall 
include any dance to which persons 18 years of 
age or older are admitted. "Special" shall include 
any dance to which no persons 15 years of age or 
younger or 21 years of age or older are admitted 
as participants. 

(b) "Dance Hall." Any building or place in 
which a dance is held. 

(c) "Person." Includes any person, co-part- 
nership, firm, corporation, association, club, or 
any legal entity. 

(d) "Security Plan." A plan that (i) pro- 
vides at least 1 security guard for 100 persons in 
attendance at the dance, (ii) secures a 50 foot 
perimeter in all directions around the location of 
the dance hall to prevent injury to persons and/or 
damage to property, and (iii) provides for the 
orderly disbursement of persons and traffic from 
the dance hall. The Entertainment Commission, 
in consultation with the San Francisco Police 



Department, shall develop rules and regulations 
implementing this section. (Added by Ord. 139- 
67, App. 6/5/67; amended by Ord. 262-04, File 
No. 041148, App. 11/4/2004) 

SEC. 1023. PERMIT REQUIRED. 

(a) It shall be unlawful for any person to 
own, conduct, operate, or maintain, or to cause or 
to permit to be conducted, operated, or main- 
tained any dance hall, or 

(b) to conduct, promote, or sponsor or to 
cause or to permit to be conducted, promoted, or 
sponsored any dance within the City and County 
of San Francisco without first having obtained a 
dance permit from the Entertainment Commis- 
sion. 

(c) Any place or premises where a dance is 
to be held must conform to all existing health, 
safety, and fire ordinances of the City and County 
of San Francisco. Proof of such shall be provided 
by permit applicant at the time of application for 
a dance permit. 

(d) Any place or premises where a dance is 
to be held must have a Security Plan, except 
dances of a bona fide social character, to which 
admission is limited strictly on invitation of the 
person acting as host, and for which no fee, 
either by way of admission or in any other 
manner, is charged. Proof of such plan shall be 
provided by permit applicant at the time of 
application for a dance permit. 

(e) It shall be the responsibility of any owner 
or manager of any building or place that rents 
such a facility for use by others to inform any 
person planning to use the facility for a dance of 
the requirement to obtain a dance permit pursu- 
ant to this section. 

(f) This permit requirement does not apply 
if the location at which the dance is being held 
has a place of entertainment permit, the permit 
is valid, and the place of entertainment provides 
free drinking water as required by Section 1070.27. 
(Amended by Ord. 139-67, App. 6/5/67; Ord. 
200-01, File No. 010845, App. 9/28/2001; Ord. 
164-02, File No. 020783, App. 7/26/2002; Ord. 
262-04, File No. 041148, App. 11/4/2004) 



Sec. 1024. 



San Francisco - Police Code 



566 



SEC. 1024. APPLICATION FOR PERMIT. 

Applications for said permit shall be made in 
writing to the Entertainment Commission and 
shall be made in such form and shall contain 
such information as the Entertainment Commis- 
sion shall require. Every applicant for a permit 
may be required to furnish such evidence of 
criminal history and permit history as the En- 
tertainment Commission shall require. In grant- 
ing or denying a permit, the Entertainment 
Commission shall give particular consideration 
to the peace, order, and moral welfare of the 
public; provided, however, that only one type of 
dance, as enumerated in Section 1022(a) of this 
Chapter, shall be permitted in any dance hall on 
the same day, up to and including 2:00 a.m. of the 
following day. Upon application for a dance hall 
permit the Entertainment Commission shall set 
a time, date, and place for a public hearing 
thereon and shall cause a notice thereof to be 
conspicuously posted upon the premises con- 
cerned not less than 10 days before the date set 
for public hearing. The notice shall set forth the 
name of the applicant, the purpose for which the 
application is made, and the time, date, and 
place of the public hearing on the application. 

The Entertainment Commission may con- 
sider, but is not limited to the following factors in 
the issuing or granting of a permit: 

(1) The criminal history and permit history 
of the applicant; 

(2) Suitability of the premises in relation to 
the surrounding neighborhood; 

(3) Number of permits in the immediate 
vicinity; 

(4) Physical suitability of the premises with 
reference to floor space and lighting; 

(5) Proximity to bar facilities, if any; 

(6) Type of dance to be conducted. (Amended 
by Ord. 139-67, App. 6/5/67; Ord. 164-02, File No. 
020783, App. 7/26/2002; Ord. 217-02, File No. 
021461, App. 11/1/2002) 

SEC. 1024.1. FILING FEE. 

Every person desiring a permit pursuant to 
Sections 1023 and 1024 of this Article shall file 
an application with the Entertainment Commis- 



sion upon a form provided by the Entertainment 
Commission and shall pay a filing fee. (Added by 
Ord. 555-81, App. 11/12/81; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1025. LICENSE FEES. 

Every person granted a dance hall permit by 
the Entertainment Commission shall pay to the 
Tax Collector an annual license fee, payable in 
advance. 

The license fee prescribed in this section is 
due and payable on a calendar year basis, start- 
ing January 1, 1967. Fees for new licenses issued 
prior to January 1, 1967, or after the first day of 
January of that year, or in any subsequent 
calendar year, shall be prorated with regard to 
the calendar year on a monthly basis. 

The provisions of this Section shall not apply 
to any dance hall used exclusively for any of the 
following dances: 

(a) Dances of a bona fide social character, to 
which admission is limited strictly on invitation 
of the person acting as host, and for which no fee, 
either by way of admission or in any other 
manner, is charged. 

(b) Dances given by any public agency or by 
any educational, recreational, or social agency, or 
by any bona fide fraternal, charitable, or reli- 
gious or benevolent or any other nonprofit orga- 
nization having a regular membership associa- 
tion primarily for mutual social, mental, political, 
and civic welfare, to which admission is limited 
to members and guests, and revenue accruing 
therefrom to be used exclusively for the benevo- 
lent purposes of said organization. 

(c) Dances conducted by any dancing acad- 
emy or dancing class in which instruction in 
dancing is given for hire. (Amended by Ord. 
555-81, App. 11/12/81; Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1026. REGULATIONS. 

(a) Hours. "Special" dances shall be con- 
ducted only between the hours of 6:00 a.m. and 
12:00 midnight; "General" dances shall be con- 
ducted only between the hours of 6:00 a.m. and 
2:00 a.m. of the following day; provided, however, 



567 



Licenses for Amusements 



Sec. 1027. 



the Entertainment Commission may, in the En- 
tertainment Commission's discretion allow, by 
order permitting the same, the conduct of "Gen- 
eral" and "Special" dances at hours other than 
the hours stated in this subsection. 

(b) Supervision. The Entertainment Com- 
mission may require that one or more private 
security officers or, with the permission of the 
Chief of Police, police officers, be employed by 
any person to whom a dance permit is granted, to 
supervise said dances. 

(c) Minors prohibited; Exceptions. No 

person under 18 years of age shall enter or be, or 
shall be permitted to enter or be, in any dance 
hall at any time a "General" dance is being 
conducted therein, unless such person is accom- 
panied by parent, guardian, or other person 
having the care and custody thereof. 

No person 16 or 17 years of age shall enter or 
be, or shall be permitted to enter or be, in any 
dance hall after 12:00 midnight where a "Spe- 
cial" dance is conducted unless said person is 
accompanied by parent, guardian, or other per- 
son having the care and custody thereof; pro- 
vided however, that the dance hours are permit- 
ted by the Entertainment Commission as 
enumerated in Subsection (a) of this Section. 

No person under 16 years of age shall enter 
or be, or be permitted to enter or be, in any dance 
hall wherein a "Special" dance is being held 
unless said person is accompanied by parent, 
guardian, or other person having the care and 
custody thereof; provided however, the Entertain- 
ment Commission may, in the Entertainment 
Commission's discretion allow, by order permit- 
ting the same, said persons to attend a dance 
conducted, promoted or sponsored by a public 
agency or by an educational, recreational or 
social organization or agency which is incorpo- 
rated in the State of California and which is 
exempt from taxation under the Internal Rev- 
enue laws of the United States as a bona fide 
fraternal, charitable, religious, benevolent or non- 
profit organization having a regular membership 
associated primarily for mutual social, mental, 
political or civic welfare, and where admission to 
such dance is limited to members and guests and 



the revenue accruing from such dance is to be 
used exclusively for the benevolent purposes of 
said organization or agency. 

(d) Adults Prohibited. No person 21 years 
of age or older shall attend or be permitted to 
attend a "Special" dance as a participant therein. 

(e) Pass-Out Checks Prohibited; Excep- 
tions. No person admitted to a dance shall be 
permitted to leave and thereafter reenter the 
dance premises during the course of said dance, 
and no pass-out checks shall be issued unless 
required by the physical arrangements of the 
premises. 

(f) Free Drinking Water. If the location 
for which the dance hall permit is issued holds 
over 500 persons the permit holder shall provide 
free cool drinking water to patrons by means of 
an automatic drinking fountain or by providing 
without charge cups of water at all beverage 
service locations, or both. (Amended by Ord. 
260-81, App. 5/21/81; Ord. 176-00, File No. 000477, 
App. 7/28/2000; Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 1027. PENALTY. 

Any person who violates any of the provisions 
of Sections 1023 to and including 1026 of this 
Chapter shall be guilty of an infraction. Any 
person who violates Sections 1023 through 1026 
more than once in a 12 month period shall be 
guilty of an infraction or a misdemeanor, at the 
discretion of the prosecutor. A violation which is 
an infraction is punishable by a fine of not more 
than $100. A violation which is a misdemeanor is 
punishable by a fine of not less than $500 and 
not more than $1000 or by imprisonment in the 
jail of the City and County for a term of not more 
than six months, or by both such fine and im- 
prisonment. 

Additionally, any violation of the provisions 
of Sections 1023 to and including 1026 of this 
Chapter or Section 3305 of Article 33 by a per- 
mittee hereunder, or by a person in charge of the 
event, shall be deemed cause to revoke the dance 
permit, or to revoke or suspend a permit granted 
pursuant to Police Code Article 15.1 subject to a 



Sec. 1027. 



San Francisco - Police Code 



568 



hearing by the Entertainment Commission. 
(Amended Ord. 139-67, App. 6/5/67; Ord. 17-92, 
App. 1/21/92; Ord. 164-02, File No. 020783, App. 
7/26/2002; Ord. 262-04, File No. 041148, App. 
11/4/2004) 

SEC. 1029. MASKED BALLS. 

(a) It shall be unlawful for any person, firm 
or corporation to give, hold or conduct any exhi- 
bition or entertainment known as a bal masque 
or masked ball, or by any other name where the 
persons attending thereat appear in fancy dress, 
or represent any character or personage with 
masks or dominoes, whether or not an admission 
fee is charged, without first having obtained a 
permit therefor from the Entertainment Com- 
mission; provided, however, that no permit is 
hereby required for private theatricals or private 
dancing parties, given or conducted by any per- 
son in his own dwelling house, nor for theatrical 
performances. 

(b) Applications for masked ball permits 
shall be filed with the Entertainment Commis- 
sion on a form provided for said permit together 
with a nonrefundable fee. All such applications 
must contain the name or names of the person or 
persons, company, association or corporation which 
proposes to give such exhibition or entertain- 
ment, the place at which the same shall be held 
or given, and the date upon which the same is 
proposed to be held. 

(c) Every person, firm or corporation giving, 
holding or conducting any masked ball, for which 
a permit is required by this section, shall pay a 
license fee for each such entertainment or exhi- 
bition. The Tax Collector shall issue the license 
provided for in this section only upon the filing in 
his office of a written permit therefor from the 
Entertainment Commission. (Added by Ord. 555- 
81, App. 11/12/81; amended by Ord. 164-02, File 
No. 020783, App. 7/26/2002) 

SEC. 1031. AMUSEMENT PARK 
DEFINED. 

An amusement park, within the meaning of 
Sections 1031 to 1034, inclusive, of this Article, is 
hereby defined to be a place maintained and 
conducted for the purpose of amusing the public 



by operating and conducting therein and thereon 
"Merry-go-rounds," "Figure 8," "Coasters," "Old 
Mills," and other and similar forms of amuse- 
ment and entertainment, and maintaining and 
conducting certain devices and contrivances which 
provide and afford games which are distinctly 
games of skill and of the general nature of the 
games of skill in vogue at the beaches and 
amusement parks throughout the country; and 
eating places and restaurants. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 1031.1. PERMIT. 

It shall be unlawful to engage in the business 
of conducting an amusement park without first 
having obtained a permit therefor from the En- 
tertainment Commission. Applications for amuse- 
ment park permits shall be filed with the Enter- 
tainment Commission on a form provided for 
said permit together with a nonrefundable fee. 
(Added by Ord. 555-81, App. 11/12/81; amended 
by Ord. 164-02, File No. 020783, App. 7/26/2002) 

SEC. 1032. LICENSE FEES FOR 
AMUSEMENT PARKS. 

Every person, firm or corporation engaged in 
the business of conducting an amusement park 
shall pay to the Tax Collector of the City and 
County of San Francisco, an annual license tax. 
(Amended by Ord. 555-81, App. 11/12/81) 

SEC. 1033. LICENSE BY TAX 
COLLECTOR. 

The Tax Collector shall not issue a license for 
an amusement park unless the applicant shall 
present to him a permit for such park from the 
Entertainment Commission. The permit shall 
contain the name of the applicant, and the loca- 
tion of the amusement park. (Added by Ord. 
1.075, App. 10/11/38; amended by Ord. 164-02, 
File No. 020783, App. 7/26/2002) 

SEC. 1034. SECTIONS NOT 
APPLICABLE. 

The issuance of a permit and license under 
the provisions of Sections 1031 to 1034, inclu- 
sive, shall exempt the permit holder from permit 
and license requirements of Sections 1015, 1017, 



569 



Licenses for Amusements 



Sec. 1036.2. 



1021, 1039, 1039.2, 1045, and 1045.2 of this 
Article, in so far as they apply to amusement 
parks, as herein defined, or the games or devices 
therein operated and conducted, but shall not 
exempt the permittee or licensee from any other 
provisions of this Article of the San Francisco 
Municipal Code or any ordinances of the City 
and County of San Francisco requiring a permit 
or license or otherwise regulating the use or 
maintenance of such amusement parks or the 
games and devices therein operated and con- 
ducted. (Amended by Ord. 555-81, App. 11/12/81) 

SEC. 1036. DEFINITIONS. 

As used in this Article, the following words 
shall have the following respective meanings: 

"Accessory use" shall mean the operation of 
one to 10 mechanical amusement devices on 
premises wherein another business operates. 

"Arcade" shall mean any premises where 11 
or more mechanical amusement devices are op- 
erated. 

"Mechanical amusement device" shall mean 
any machine or device which, upon the insertion 
of a coin, slug or token in any slot or receptacle 
attached to said machine or connected there- 
with, operates or which may be operated for use 
as a game, contest or amusement or which may 
be used for any such game, contest or amuse- 
ment and which does not contain a pay-off device 
for the return of slugs, money, coins, checks, 
tokens or merchandise. 

"Owner or operator of a mechanical amuse- 
ment device" shall mean: 

(a) Any owner of such mechanical amuse- 
ment device who operates or permits the same to 
be played or operated in his place of business or 
in any place under his control or who installs or 
maintains the same in any place where the same 
can be played or operated by persons in or about 
said place; 

(b) The persons in whose place of business 
any such mechanical amusement device is placed 
for the use, amusement, patronage or recreation 
of the public or of persons in or about said place. 



"Person" shall mean any corporation, associa- 
tion, syndicate, joint stock company, partner- 
ship, club, Massachusetts business or common 
law trust, society or individual. 

"Public retail floor space" shall mean that 
portion of the premises to which the public is 
allowed access. 

"Street" shall mean any street, alley, way, 
boulevard, or road, either public or private, that 
is used or to be used for ingress or egress. 

"Video game machine" shall mean any me- 
chanical amusement device, as defined in this 
Section, which is characterized by the use of 
cathode ray tube display. (Amended by Ord. 
401-82, App. 8/13/82) 

SEC. 1036.1. REQUIREMENTS FOR 
MACHINES. 

Every mechanical amusement device shall 
have a seal or tag permanently attached thereto 
showing the serial number of the mechanical 
amusement device, a label or decal stating the 
name, address and telephone number of the 
owner of the mechanical amusement device, and, 
in addition thereto, if wired for electricity, a label 
indicating the name and address of the manu- 
facturer and the voltage and current necessary 
for the proper operation of said mechanical amuse- 
ment device. 

Each portable mechanical amusement device 
wired for electricity shall be equipped with not 
more than six feet of electric cord of a type 
approved by the Department of Electricity, and 
shall be connected to a convenience plug recep- 
tacle adjacent to said mechanical amusement 
device. 

Where it is necessary to install electric wir- 
ing to said mechanical amusement device loca- 
tion, said wiring shall be installed by a regis- 
tered electrical contractor in accordance with the 
provisions of Article 1, Chapter III, Part II, of the 
San Francisco Municipal Code. (Amended by 
Ord. 123-86, App. 4/11/86) 

SEC. 1036.2. UNLAWFUL ACTS- 
EXCEPTIONS. 

(a) Nothing in Sections 1036 to 1036.34, 
inclusive, shall be construed to authorize or 
permit either the use or operation of any gam- 



Sec. 1036.2. 



San Francisco - Police Code 



570 



bling device whatsoever or of any mechanism 
that has been judicially determined to be a 
gambling device in any way contrary to law, or to 
authorize or permit any other conduct otherwise 
unlawful. Nothing in this Section shall preclude 
an award of a free game or games upon a 
mechanical amusement device. 

(b) It shall be unlawful for any person to 
install, operate or maintain to be operated any 
mechanical amusement device in the City and 
County of San Francisco without first having 
obtained a permit in writing to do so from the 
Entertainment Commission. 

(c) The provisions of Sections 1036 to 1036.34, 
inclusive, shall not be construed to apply to 
mechanical amusement devices installed, oper- 
ated or maintained in private residences or busi- 
nesses intended for free use solely by the resi- 
dents or employees at those locations. (Amended 
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File 
No. 020783, App. 7/26/2002) 

SEC. 1036.3. APPLICATION FOR 
PERMIT. 

Application for said permit shall be made to 
the Entertainment Commission on forms pro- 
vided by the Entertainment Commission, shall 
be signed by the applicant and be accompanied 
by payment of the filing fee and shall contain the 
following information in addition to whatever 
additional information is deemed necessary by 
the Entertainment Commission: 

(a) Name of the applicant. 

(b) The name and address of any person, 
other than the applicant, who holds any right, 
title or interest in or to each mechanical amuse- 
ment device for which a permit is sought, and in 
those instances where such person is other than 
an individual, there shall be filed with the En- 
tertainment Commission and kept available for 
public inspection, a statement showing, in the 
case of a partnership, the names and addresses 
of the partners; in the case of a corporation, the 
names and addresses of the stockholders and 
directors and in the case of a business trust, the 
names of the trustor, trustee, and beneficiary or 
beneficiaries. 



(c) Place where said mechanical amuse- 
ment device is to be placed, maintained to be 
operated or operated; and, if said mechanical 
amusement device or devices are to be placed, 
maintained to be operated or operated in connec- 
tion with any other business or calling, the 
character of said business or calling. 

(d) A complete description of the type of the 
mechanical amusement device and the manner 
in which it is to be placed, maintained to be 
operated or operated. 

(e) The total number of mechanical amuse- 
ment devices to be placed, maintained to be 
operated or operated at the location for which 
the permit is requested. (Added by Ord. 555-81, 
App. 11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1036.4. NOTICE OF HEARING. 

When an application is filed for a new permit 
or for an increase in the number of mechanical 
amusement devices pursuant to Section 1036.3 
of this Article, the Entertainment Commission 
shall fix a time and place for a public hearing 
thereon. Not less than 10 days before the date of 
such hearing, the Entertainment Commission 
shall cause to be posted a notice of such hearing 
in a conspicuous place on the property in which 
or on which the mechanical amusement devices 
are to be operated. Such notice shall set forth the 
specific type of mechanical amusement devices 
and the number thereof which the applicant 
intends to operate. The posting shall be the 
exclusive responsibility of the Entertainment 
Commission, and the applicant shall maintain 
said notice as posted until after the date of the 
hearing. (Amended by Ord. 401-82, App. 8/13/82; 
Ord. 164-02, File No. 020783, App. 7/26/2002) 

SEC. 1036.5. INVESTIGATIONS. 

Upon receipt of said application, the Enter- 
tainment Commission shall cause to be investi- 
gated the statements as set forth in the applica- 
tion. 

Any permit to maintain for operation me- 
chanical amusement devices which are wired for 
electricity must have been approved by the De- 



571 



Licenses for Amusements 



Sec. 1036.8. 



partment of Public Works prior to its final issu- 
ance by the Entertainment Commission. The 
Director of Public Works shall determine whether 
the ordinances of the City and County of San 
Francisco and the rules and regulations of said 
department pertaining to such mechanical amuse- 
ment devices are complied with. 

The Entertainment Commission may grant a 
permit for the operation of a mechanical amuse- 
ment device conditional upon approval of the 
Director of the Department of Public Works. 

Any permit for operation of a mechanical 
amusement device granted by the Entertain- 
ment Commission conditionally upon the ap- 
proval of the Director of the Department of 
Public Works may be appealed to the Board of 
Permit Appeals. Such appeal must be filed within 
10 days of the final decision of the Entertain- 
ment Commission issuing the conditional per- 
mit. 

Any permit granted by the Entertainment 
Commission conditionally upon approval of the 
Director of the Department of Public Works shall 
expire within six months from the date of the 
final decision of the Entertainment Commission 
if the Director's approval is not granted. The 
Entertainment Commission shall cause to be 
forwarded to the Director of Public Works for 
investigation those applications for permits to 
maintain for operation mechanical amusement 
devices which are wired for electricity. (Amended 
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File 
No. 020783, App. 7/26/2002) 

SEC. 1036.6. DISAPPROVAL OF 
APPLICATION— CONDITIONS 
CORRECTED— APPROVAL. 

In the event that the application for a me- 
chanical amusement device permit is disap- 
proved by the Director of Public Works, the 
Entertainment Commission shall notify the ap- 
plicant for said permit of such fact. Upon receiv- 
ing said notice from the Entertainment Commis- 
sion, the applicant shall have the opportunity of 
correcting such conditions as have been disap- 
proved. This correction shall be made within 10 
days after receipt of said notice; and, if such 



conditions have been corrected to the satisfac- 
tion of the Director of Public Works, the permit 
may be issued. (Added by Ord. 555-81, App. 
11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1036.7. ISSUANCE OR DENIAL OF 
PERMIT. 

If the Entertainment Commission approves 
the granting of said permit he may issue a 
permit to said applicant, which permit shall be 
serially numbered and the renewal or continu- 
ance thereof shall be governed by the provisions 
of Section 23, Article 1, Part III, of the San 
Francisco Municipal Code; provided, if said me- 
chanical amusement device is wired for electric- 
ity, said application for such permit shall first be 
approved by the Director of Public Works. The 
Entertainment Commission may, in the exercise 
of sound discretion, deny said permit. 

The Entertainment Commission shall cause 
to be forwarded to the Director of Public Works 
written notice of his granting or denial of said 
permit if said mechanical amusement device is 
wired for electricity. (Added by Ord. 555-81, App. 
11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1036.8. CERTAIN MECHANICAL 
AMUSEMENT DEVICES PROHIBITED. 

No permit shall be issued to any applicant 
relating to any mechanical amusement device, 
which for each coin, slug or token inserted makes 
available to the player, for actual play, only one 
ball or marble, nor shall any permit be issued to 
any applicant relating to any mechanical amuse- 
ment device which permits or is adapted to the 
insertion of more than one coin, slug or token, for 
the playing of a single complete game; or which 
permits or is adapted to the insertion of addi- 
tional coins, slugs or tokens during the playing of 
or before the completion of the game for which 
the original coin, slug or token was inserted in 
said mechanical amusement device. Nothing in 
this Section is intended to prohibit the insertion 
of more than one coin for the sole purpose of 
reaching the amount or price required to play the 
game, and the insertion of which does not change 



Sec. 1036.8. 



San Francisco - Police Code 



572 



the odds, grant bonuses, or otherwise affect the 
method of play or the outcome of the game. 
(Amended by Ord. 125-85, App. 3/14/85) 

SEC. 1036.9. PERMIT FORWARDED TO 
TAX COLLECTOR, LICENSE FEES. 

When any permit is issued under the provi- 
sions of this Article, the Entertainment Commis- 
sion shall cause such permit to be forwarded to 
the office of the Tax Collector for delivery to the 
permittee upon the payment of the license fees. 
(Added by Ord. 555-81, App. 11/12/81; amended 
by Ord. 164-02, File No. 020783, App. 7/26/2002) 

SEC. 1036.10. LICENSE FEES. 

Every holder of a mechanical amusement 
device permit shall pay at the office of the Tax 
Collector for each separate mechanical amuse- 
ment device which the permit authorizes, an 
annual license fee, payable in advance. (Added 
by Ord. 555-81, App. 11/12/81) 

SEC. 1036.11. ELECTRICAL 
INSPECTION COSTS. 

In calculating the fees earned by the Electri- 
cal Inspection division of the Department of 
Public Works pursuant to the provisions of Sec- 
tion 24 of the Charter of the City and County of 
San Francisco a percentage of the license fees 
derived pursuant to Section 1036.10 of this Ar- 
ticle shall be credited to said division pursuant to 
the annual determination by the Controller as 
provided by Section 2.21 of this Code. (Added by 
Ord. 555-81, App. 11/12/81) 

SEC. 1036.12. CONTENTS OF LICENSES. 

The Tax Collector shall issue a license for 
such mechanical amusement device for which 
the fee was paid, showing thereon the: 

(a) Name of the permittee; 

(b) Address at which the mechanical amuse- 
ment device is to be operated or maintained to be 
operated; 

(c) The number of such mechanical amuse- 
ment devices and the type or kind of game, 
contest or amusement played thereon; 



(d) Serial number of the permit and the 
expiration date of the license. (Added by Ord. 
555-81, App. 11/12/81) 

SEC. 1036.13. POSTING LICENSE IN 
PREMISES. 

The license shall be permanently and con- 
spicuously posted at the location of the machines 
in the premises wherein said mechanical amuse- 
ment devices are to be operated or maintained to 
be operated, and shall not be removed from said 
location during the period for which said license 
was issued. (Added by Ord. 555-81, App. 11/12/ 
81) 

SEC. 1036.14. REMOVAL OR TRANSFER 
OF LICENSE TO OTHER PREMISES 
PROHIBITED. 

Nothing in Sections 1036 to 1036.34, inclu- 
sive, shall permit the removing or transferring of 
the license to any other premises other than 
those for which the license was originally issued. 
(Amended by Ord. 401-82, App. 8/13/82) 

SEC. 1036.15. NO PRORATING OR 
REFUNDING OF LICENSE FEE. 

License fees paid under the provisions of 
Sections 1036.9 shall not be prorated or re- 
funded. (Added by Ord. 555-81, App. 11/12/81) 

SEC. 1036.16. LICENSE FEE PAID BY 
OWNER OR OPERATOR. 

When any one of the persons mentioned in 
subdivisions (a) and (b) of Section 1036 of this 
Article, which subdivisions define the term "Owner 
and Operator of a Mechanical Amusement De- 
vice," obtains a permit and pays a license fee for 
the maintenance or operation of said mechanical 
amusement device, the said permit and license 
fee shall cover each of the persons mentioned in 
said subdivisions (a) and (b) of said Section 1036 
of this Article. (Added by Ord. 555-81, App. 
11/12/81) 

SEC. 1036.17. RENEWAL OF LICENSE. 

Licenses for mechanical amusement devices 
shall be renewed as set forth in Sections 2.8 and 
2.10 of this Code. (Amended by Ord. 401-82, App. 
8/13/82) 



573 



Licenses for Amusements 



Sec. 1036.21. 



SEC. 1036.18. PROCEDURE WHERE NO 
CURRENT LICENSE. 

If any mechanical amusement device is placed, 
operated or maintained to be operated without a 
current license, the Chief of Police shall imme- 
diately cause same to be impounded and shall 
not release said mechanical amusement device 
until a penalty equal to the filing fee for mechani- 
cal amusement devices currently in effect plus 
$25 for each mechanical amusement device im- 
pounded has been paid to the Police Department. 

Mechanical amusement devices impounded 
under the provisions of this Section shall be held 
for a period of 90 days and if not redeemed 
within such period shall be destroyed or other- 
wise disposed by the Chief of Police. Mechanical 
amusement devices impounded under the provi- 
sions of this Section and subsequently released 
as set forth in this Section shall not be placed, 
operated or maintained to be operated without 
obtaining a mechanical amusement device per- 
mit and paying the current license fee. (Amended 
by Ord. 401-82, App. 8/13/82) 

SEC. 1036.19. SUSPENSION, 
REVOCATION OR REINSTATEMENT OF 
A PERMIT, PROCEDURE FOR. 

When the Entertainment Commission shall 
determine that the permittee or any of the 
permittee's servants, agents or employees, in the 
use, operation or maintenance of any such me- 
chanical amusement device or in the use, opera- 
tion or maintenance of the premises is violating 
or attempting to violate any law of the State of 
California or any ordinance of the City and 
County of San Francisco or the rules and regu- 
lations of any department thereof concerned or 
that the permittee has failed to take adequate 
security measures to prevent patrons, on or 
about the premises, from violating any of the 
above laws; or, if in the opinion of the Entertain- 
ment Commission, it is deemed necessary for the 
protection of the health, safety and welfare of the 
public, the Entertainment Commission, after writ- 
ten notice to the permittee, shall have the power 
to suspend and, after due and proper hearing, 



shall have the power to revoke, any permit 
issued under the provisions of Sections 1036 to 
1036.34, inclusive. 

The Entertainment Commission shall cause 
to be forwarded to the Tax Collector, and, if said 
mechanical amusement device is wired for elec- 
tricity, to the Director of Public Works, written 
notice of any revocation, suspension or reinstate- 
ment of any permit herein provided for. (Amended 
by Ord. 401-82, App. 8/13/82; Ord. 164-02, File 
No. 020783, App. 7/26/2002) 

SEC. 1036.20. RULES AND 
REGULATIONS TO BE ADOPTED. 

The Chief of Police, Entertainment Commis- 
sion and the Director of Public Works, after 
public hearing thereon, are authorized to adopt, 
promulgate and enforce such rules and regula- 
tions regarding mechanical amusement devices 
as will enable the Police Department, Entertain- 
ment Commission and the Department of Public 
Works to enforce and carry out the meaning and 
intent of Sections 1036 to 1036.34, inclusive, of 
this Article. (Amended by Ord. 401-82, App. 
8/13/82; Ord. 164-02, File No. 020783, App. 7/26/ 
2002) 

SEC. 1036.21. ASCERTAINMENT OF 
COMPLIANCE WITH ALL LAWS, ETC.— 
INSPECTION THEREFOR. 

It shall be the duty of the Chief of Police to 
ascertain that all laws of the State of California, 
the provisions of Sections 1036 to 1036.34, inclu- 
sive, all ordinances of the City and County of San 
Francisco, and the rules and regulations of any 
departments thereof concerned, pertaining to 
mechanical amusement devices are strictly com- 
plied with, and for that purpose the representa- 
tives of the Police Department, and, if said 
mechanical amusement device is wired for elec- 
tricity, the representatives of the Department of 
Public Works, shall have access to any mechani- 
cal amusement device at any and all times, and 
the same shall be inspected by each of said 
departments as often as may be deemed neces- 
sary. (Amended by Ord. 401-82, App. 8/13/82) 



Sec. 1036.22. 



San Francisco - Police Code 



574 



SEC. 1036.22. WHEN DEEMED A PUBLIC 
NUISANCE— PROCEDURE THEREON. 

Any mechanical amusement device operated 
or maintained to be operated in violation of any 
law of the State of California or of Sections 1036 
to 1036.34, inclusive, of this Article or any ordi- 
nances of the City and County of San Francisco 
or the rules and regulations of any state or 
municipal departments thereof concerned shall 
be deemed to be a public nuisance, and any such 
mechanical amusement device so operated or 
maintained to be operated shall be impounded 
by the Chief of Police; and, if any court of 
competent jurisdiction shall determine that said 
mechanical amusement device, or the use or 
operation thereof, violates or has violated any of 
said laws, ordinances, rules or regulations, said 
mechanical amusement device shall be confis- 
cated by said Chief of Police; but, if said mechani- 
cal amusement device is one which may be 
legally operated under the provisions of Sections 
1036 to 1036.34, inclusive, of this Article and is 
seized for the failure of the owner or operator 
thereof to obtain the necessary permit or to pay 
the necessary license fee for the maintenance or 
operation of said mechanical amusement device, 
said mechanical amusement device shall be dealt 
with as provided in Section 1036.18 of this Ar- 
ticle. (Amended by Ord. 401-82, App. 8/13/82) 

SEC. 1036.23. MACHINES EXCEPTED 
FROM PROVISION HEREOF. 

The provisions of Sections 1036 to 1036.34, 
inclusive, shall not apply to any machine or 
mechanical amusement device which, in return 
for the coin deposited in said mechanical amuse- 
ment device, will deliver the equivalent value of 
said coin in merchandise; provided, that no prize, 
reward, bonus or other thing of value is delivered 
with said merchandise. (Amended by Ord. 401- 
82, App. 8/13/82) 

SEC. 1036.24. PENALTIES. 

Any person violating any of the provisions of 
Sections 1036 to 1036.34, inclusive, shall be 
guilty of a misdemeanor and, in addition to such 
other penalties as are provided by law, shall have 
his permit or permits revoked by the Entertain- 



ment Commission and shall be precluded from 
procuring any further permits for a mechanical 
amusement device. When, in the opinion of the 
Entertainment Commission, any mechanical 
amusement device is being used or operated in 
violation of any section of any article relating to 
the operation of mechanical amusement devices, 
the Entertainment Commission shall in its dis- 
cretion have the power to revoke the permit for 
such mechanical amusement device. Any person 
who knowingly and willingly furnishes a me- 
chanical amusement device to any permittee, 
which device violates any of the provisions of 
Sections 1036 to 1036.34, inclusive, of this Ar- 
ticle shall henceforth in the discretion of the 
Entertainment Commission be precluded from 
furnishing any mechanical amusement device or 
devices to any permittee in the City and County 
of San Francisco. (Amended by Ord. 401-82, App. 
8/13/82; Ord. 164-02, File No. 020783, App. 7/26/ 
2002) 

SEC. 1036.25. PERMIT AND LICENSE 
REQUIRED NOTWITHSTANDING ANY 
OTHER PROVISION OF CODE. 

The issuance of a permit or license under the 
provisions of Sections 1036 to 1036.34, inclusive, 
shall not exempt the permittee or licensee, not- 
withstanding any section of the San Francisco 
Municipal Code or any section of any ordinance 
of the City and County of San Francisco making 
any section or sections thereof inapplicable, from 
the provisions of the San Francisco Municipal 
Code or any ordinance or ordinances of the City 
and County of San Francisco requiring a permit 
or license. (Amended by Ord. 401-82, App. 8/13/ 
82) 

SEC. 1036.26. PARTIAL REPEAL. 

Any and all ordinances, or parts thereof, in 
conflict with the provisions of Sections 1036 to 
1036.34, inclusive, are hereby repealed but only 
to such extent as conflict may exist. (Amended by 
Ord. 401-82, App. 8/13/82) 

SEC. 1036.28. SAVING CLAUSE- 
NONWAIVER OF DEBTS DUE AND 
UNPAID. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of Sections 



575 



Licenses for Amusements 



Sec. 1036.31. 



1036 to 1036.34, inclusive, is for any reason held 
to be unconstitutional, such decisions shall not 
affect the validity of the remaining portions of 
Sections 1036 to 1036.34, inclusive. The Board of 
Supervisors hereby declares that it would have 
passed Sections 1036 to 1036.34, inclusive, and 
each section, subsection, subdivision, paragraph, 
sentence, clause and phrase thereof, irrespective 
of the fact that any one or more other sections, 
subsections, subdivisions, paragraphs, sentences, 
clauses or phrases be declared unconstitutional. 

The enactment of Sections 1036 to 1036.34, 
inclusive, shall not in any manner be construed 
as a waiver of any license or permit fees or any 
other fees or money due and unpaid under the 
provisions of any section of the San Francisco 
Municipal Code or any ordinance of the City and 
County of San Francisco. (Amended by Ord. 
401-82, App. 8/13/82) 

SEC. 1036.29. BILLIARD AND POOL 
TABLES EXCEPTED. 

Sections 1036 through 1036.34, inclusive, of 
this Code shall not apply to coin-operated bil- 
liard, pool or combination tables. All such tables 
are subject to the licensing provisions of this 
Code in accordance with Sections 1037 to 1037.3, 
inclusive, and Sections 510 and 510.1. (Amended 
by Ord. 401-82, App. 8/13/82) 

SEC. 1036.30. PURPOSE AND FINDINGS. 

The Board of Supervisors of the City and 
County of San Francisco hereby finds and de- 
clares as follows: 

(a) The number of video game machines is 
rapidly increasing in the City and County of San 
Francisco. Between January 1, 1982 and March 
31, 1982, the Police Department issued 81 per- 
mits for mechanical amusement devices covering 
a total of 493 machines, approximately 90 per- 
cent of which were video game machines. Cur- 
rently, there are approximately 48 applications 
pending for mechanical amusement device per- 
mits for an additional 178 video game machines. 

(b) As the number of video game machines 
has increased, public concern has grown with 
respect to the location of these machines, the 



number of machines permitted at any given 
location, creation of street and sidewalk conges- 
tion where these machines are concentrated, 
accessibility to the machines by minors during 
school hours, and the occurrence of public distur- 
bances and petty crimes in the vicinity of these 
machines. 

(c) It is hereby declared to be the policy of 
the Board of Supervisors to regulate reasonable 
and orderly public access for patrons wishing to 
play video game machines, while at the same 
time protecting the health, safety and welfare of 
the general public, both on the premises and in 
the vicinity of the premises where video games 
are located. (Added by Ord. 401-81, App. 8/13/82) 

SEC. 1036.31. MECHANICAL 
AMUSEMENT DEVICES; LOCATION. 

(a) Prohibited. It shall be unlawful for any 
owner or operator of a mechanical amusement 
device to cause, permit or allow same to be 
located, operated or maintained to be operated, 
and the Entertainment Commission may not 
issue a permit for said devices, in the following 
areas: 

(1) Within a building which has a public 
entrance which is located within 300 feet of the 
nearest street entrance to or exit from any public 
playground or public or private school of elemen- 
tary or high school grades; said 300 feet to be 
measured from said entrance or exit in the most 
direct line or route which may be walked, legally 
or not, on, along or across said street or streets 
adjacent said public playground or public or 
private school of elementary or high school grades; 
provided, however, that this Section is not in- 
tended to prevent the placement of mechanical 
amusement devices on the premises of public or 
private schools of elementary or high school 
grades. 

(2) Within any area of the City and County 
of San Francisco zoned exclusively for residen- 
tial use, as defined in Part II, Chapter II (City 
Planning Code) of the Municipal Code. 

(3) In any service station or automobile 
repair garage in areas zoned for neighborhood- 
commercial or community business use as de- 
fined in Part II, Chapter II (City Planning Code) 
of the Municipal Code. 



Sec. 1036.31. 



San Francisco - Police Code 



576 



(b) One Through Ten Mechanical Amuse- 
ment Devices Allowed. Subject to the permit 
requirements set forth above in Section 1036.3 
and except where prohibited by Subsection (a), 
an owner or operator of a mechanical amuse- 
ment device or devices may cause, permit or 
allow same to be located, operated or maintained 
to be operated within any area of the City and 
County of San Francisco as an Accessory Use 
subject to the restrictions of this subsection: 

The maximum number of mechanical amuse- 
ment devices allowed in each premises shall be 
determined by the number of square feet of 
enclosed public retail floor space on a single floor 
under a single management as follows: 

Square Feet Maximum Number of MADs 



0—300 
301—1000 
1001—1500 
1501—2000 
2001—2500 
2501—3000 
3001—3500 
3501—4000 
4001—4500 
4501 or more 




2 
3 
4 
5 
6 
7 
8 
9 
10 



(c) Eleven or More Mechanical Amuse- 
ment Devices Allowed. Subject to the permit 
requirements set forth above in Section 1036.3, 
the owner or operator of mechanical amusement 
devices may operate an arcade except in those 
areas prohibited in Subsection (a) and in those 
areas zoned exclusively for neighborhood-com- 
mercial or community business use. 

(d) Exceptions. The limitations and restric- 
tions set forth in Subsections (a) and (b) above, 
shall not apply in the following instances: 

(1) Where the application is for mechanical 
amusement devices in an industrial zone or in 
the area bounded on the west by Van Ness 
Avenue, on the south by North Point Street and 
on the east and north by San Francisco Bay, or in 
such similar areas as may be designated by 
resolution of the Board of Supervisors from time 
to time. 



(2) Where a public or private school re- 
quests authorization from the Entertainment 
Commission for a permit to place mechanical 
amusement devices on premises under the juris- 
diction of said public or private school and in- 
tended for the use of students and staff of said 
school. 

(3) Premises upon which the California De- 
partment of Alcoholic Beverage Control has au- 
thorized on-sale consumption of alcoholic bever- 
ages, provided that the premises or operations 
may not lawfully allow minors thereon. 

(4) Bowling alleys, except that there shall 
be no more than two mechanical amusement 
devices for each bowling lane. The mechanical 
amusement devices in bowling alleys shall not be 
separately accessible from the street. 

(5) Billiard parlors. 

(6) Tourist hotels of more than 25 guest 
rooms; provided, however, that the mechanical 
amusement devices be intended for use of guests 
only and provided further that the mechanical 
amusement devices be neither accessible to the 
public except by passing the front desk nor 
visible from the street. 

(7) Theaters, both for performing arts and 
movies; provided, however, that the mechanical 
amusement devices be located in an area in 
which only patrons who have paid admission are 
allowed, and that all provisions in the Fire Code 
respecting the placement of machines be met. 

(8) Churches, schools, hospitals, convales- 
cent and nursing homes and nonprofit commu- 
nity centers (e.g. YMCA); provided, however, 
that the use of such machines be incidental and 
subordinate to the primary purpose of the insti- 
tution. (Added by Ord. 401-82, App. 8/13/82; 
amended by Ord. 240-93, App. 8/4/93; Ord. 164- 
02, File No. 020783, App. 7/26/2002) 

SEC. 1036.31-1. ARCADE LOCATION; 
LIMITATION. 

Notwithstanding the provisions of Section 
1036.31, it shall be unlawful for any owner or 
operator of an arcade to cause, permit or allow 
same to be located, operated or maintained to be 
operated, and the Entertainment Commission 



577 



Licenses for Amusements 



Sec. 1036.33. 



may not issue a permit for said arcade, within a 
building which has a public entrance which is 
located within 1500 feet of the nearest public 
entrance to or exit from any arcade which has a 
valid permit. Said 1500 feet shall be measured 
from said entrance or exit in the most direct 
route which may be walked, legally or not, on, 
along or across the street, streets or public rights- 
of-way adjacent to said arcade. (Added by Ord. 
401-82, App. 8/13/82; amended by Ord. 164-02, 
File No. 020783, App. 7/26/2002) 

SEC. 1036.32. ARCADES— OPERATING 
STANDARDS. 

The following standards and regulations shall 
apply to the operation and maintenance of ar- 
cades in the City and County of San Francisco. 

(a) All mechanical amusement devices within 
the premises shall be visible to and supervised 
by an adult attendant or attendants, age 18 
years or older. Said attendant(s) shall be present 
at all times when the arcade is open to the 
public. 

(b) The supervision of the patrons on and 
about the premises shall be adequate to protect 
public against conduct of patrons that is detri- 
mental to the public health, safety, and general 
welfare. 

(c) The permit holder shall be responsible 
for ensuring that persons under the age of 18 
years not be allowed to operate mechanical amuse- 
ment devices during the school year from the day 
after Labor Day to Memorial Day, Monday through 
Friday, except legal holidays, between the hours 
of 7:00 a.m. and 3:00 p.m., or between the hours 
of 10:00 p.m. and 7:00 a.m. on all days preceding 
school days and between 11:00 p.m. and 7:00 
a.m. on all other days unless accompanied by an 
authorized agent of the School District, parent or 
legal guardian; provided, however, that premises 
which have mechanical amusement devices as 
provided under Section 1036.31(d), Subpara- 
graphs 3, 4, 5, 6, 7 and 8 are exempted from the 
provisions of this subsection. 

(d) Establishments dispensing food services 
shall provide adequate waste receptacles, which 
shall be conveniently located in the vicinity of 



the mechanical amusement devices; arcade pre- 
mises shall be adequately ventilated and illumi- 
nated. 

(e) The permit holder shall comply with 
security lighting requirements, token-use require- 
ments and such other reasonable requirements 
determined by the Entertainment Commission 
to be necessary to minimize danger to the com- 
munity resulting from the operation of the ar- 
cade. These requirements shall be set forth in 
the permit or, in the event circumstances alter, 
by appropriate amendment to the permit. 

(f) An arcade may have no more than one 
mechanical amusement device per 30 square feet 
of public retail floor space. 

(g) As a condition for obtaining a permit for 
mechanical amusement devices, the applicant 
shall be required to provide a master switch or 
switches, readily accessible to the permit holder, 
employees or agent of the permit holder and the 
Police Department, that can immediately turn 
off all mechanical amusement devices in the 
arcade. The permit shall also specify that the 
applicant consents to and authorizes the Police 
Department to turn off all mechanical amuse- 
ment devices for a period of up to six hours at 
any time there is a clear and present danger to 
the public safety. (Added by Ord. 401-82, App. 
8/13/82; amended by Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 1036.33. ACCESSORY USES- 
OPERATING STANDARDS. 

The following standards and regulations shall 
apply to the operation and maintenance of all 
premises containing mechanical amusement de- 
vices except those premises regulated under Sec- 
tion 1036.32 of this Code: 

(a) Mechanical amusement devices shall be 
located in the main body of the premises, not 
separated therefrom by any wall or partition. 

(b) The supervision of the patrons on the 
premises shall be adequate to ensure that there 
be no conduct that is detrimental to the public 
health, safety, and general welfare. Where there 
are five or more mechanical amusement devices 
within the premises, all mechanical amusement 



Sec. 1036.33. 



San Francisco - Police Code 



578 



devices within said premises shall be visible to 
and supervised by an adult attendant or atten- 
dants, age 18 years or older. Said attendant(s) 
shall be present at all times when any mechani- 
cal amusement device is being operated. 

(c) The permit holder shall comply with 
such reasonable requirements as determined by 
the Entertainment Commission to be necessary 
to minimize danger to the community resulting 
from the operation of the mechanical amusement 
devices. These requirements shall be set forth in 
the permit or, in the event circumstances alter, 
by appropriate amendment to the permit. 

(d) The permit holder shall be responsible 
for ensuring that mechanical amusement de- 
vices be kept turned off during the school year 
from the day after Labor Day to Memorial Day, 
Monday through Friday, except legal holidays, 
between the hours of 7:00 a.m. and 3:00 p.m., 
and between the hours of 10:00 p.m. and 7:00 
a.m. on all days preceding school days and be- 
tween 11:00 p.m. and 7:00 a.m. on all other days; 
provided, however, that premises which have 
mechanical amusement devices as provided un- 
der Section 1036.31(d), subparagraphs 3, 4, 5, 6, 
7 and 8 be exempted from the provisions of this 
subsection. 

(e) Establishments dispensing food services 
shall provide adequate waste receptacles which 
shall be conveniently located in the vicinity of 
the mechanical amusement devices. (Added by 
Ord. 401-82, App. 8/13/82; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1036.34. EXCEPTION TO 
REQUIREMENTS. 

Notwithstanding the provisions of Section 
1036.31 and 1036.31-1, any person who pos- 
sesses a valid permit heretofore issued by the 
Chief of Police for the ownership, operation and 
maintenance of mechanical amusement devices 
in accordance with the provisions of Sections 
1036 to 1036.29, inclusive, may operate those 
mechanical amusement devices included in said 
permit upon the premises for which said permit 
to operate was issued until the expiration, revo- 
cation or suspension of said permit without ob- 



taining a new permit; provided, however, that 
the permit holder comply with the requirements 
of Sections 1036 to 1036.33, excluding Sections 
1036.31 and 1036.31-1, from the effective date of 
this Section; provided further that said permit 
may not be transferred. The operating standards 
set forth in Section 1036.33 of this Article shall 
apply to the operation and maintenance of all 
premises containing mechanical amusement de- 
vices in those areas zoned exclusively for neigh- 
borhood-commercial or community business use, 
regardless of the number of mechanical amuse- 
ment devices on the premises. (Added by Ord. 
401-82, App. 8/13/82) 

SEC. 1036.35. EXEMPTION. 

Notwithstanding any provisions of Sections 
1036 to 1036.34, inclusive, to the contrary, the 
Recreation and Park Commission of the City and 
County of San Francisco shall have exclusive 
jurisdiction to determine whether and under 
what conditions mechanical amusement devices 
may be placed on property under its jurisdiction. 
(Added by Ord. 401-82, App. 8/13/82) 



SEC. 1037. 
TABLES. 



BILLIARD AND POOL 



No person, firm or corporation shall engage 
in business under the provisions of this Section 
without first obtaining from the Entertainment 
Commission a permit to maintain and charge for 
the use of such billiard or pool or combination 
tables; such permits shall be issued annually, 
and may be revoked for cause at any time by the 
Entertainment Commission, and upon the revo- 
cation of such permit such license issued thereon 
shall immediately terminate and expire, and the 
Tax Collector shall not issue any license under 
the provisions of this Section unless the appli- 
cant therefor shall have first obtained a permit 
from the Entertainment Commission. (Added by 
Ord. 555-81, App. 11/12/81; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1037.1. FILING FEE APPLICATION. 

Applications for billiard or pool table permits 
shall be filed with the Entertainment Commis- 



579 



Licenses for Amusements 



Sec. 1041. 



sion on a form provided for said permit together 
with a nonrefundable fee. (Added by Ord. 555-81, 
App. 11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1037.2. LICENSE FEE. 

Every person, firm or corporation owning, 
leasing or maintaining any billiard table, pool 
table, or combination table, for the use of patrons 
of any place of business, shall pay an annual 
license fee to the Tax Collector, payable in ad- 
vance, for the first such table and additional 
license fee for each additional such table in any 
such place of business. The permit shall be 
nontransferable . 

The annual license fee prescribed in this 
Section is due and payable on a calendar year 
basis starting January 1st of each year. Fees for 
new permits issued after the first day of January 
of a particular year shall be prorated with regard 
to the calendar year on a monthly basis. (Added 
by Ord. 555-81, App. 11/12/81; amended by Ord. 
193-05, File No. 051027, App. 7/29/2005) 

SEC. 1037.3. PERMIT AND LICENSE 
NOT EXEMPT FROM ANY OTHER 
PROVISION OF CODE. 

The issuance of a permit or license under the 
provisions of Sections 1037 to 1037.2, inclusive, 
shall not exempt the permittee or licensee from 
any other provisions of the of San Francisco 
Municipal Code or any ordinances of the City 
and County of San Francisco requiring a permit 
or license or otherwise regulating the use or 
maintenance of billiard or pool tables. (Added by 
Ord. 555-81, App. 11/12/81) 

SEC. 1039. REGULATING SHOOTING 
GALLERIES— PERMIT REQUIRED. 

It shall be unlawful for any person, firm, 
corporation, club or association to establish, main- 
tain or conduct any shooting gallery or range 
without a permit from the Police Department; 
provided, however, that said Police Department 
shall not grant a permit for the establishment or 
maintenance of any shooting gallery or range 
within that portion of the City and County 
bounded as follows: On the north by the south- 



erly line of Broadway; on the east by a line 
parallel with and 30 feet west of the westerly line 
of Kearny Street; on the south by the northerly 
line of California Street, and on the west by the 
easterly line of Larkin Street. (Added by Ord. 
1.075, App. 10/11/38) 

SEC. 1039.1. FILING FEE. 

Every person, firm, corporation, club or asso- 
ciation desiring a permit pursuant to Section 
1039 of this Article shall file an application with 
the Chief of Police upon a form provided by said 
Chief of Police and shall pay a filing fee. (Added 
by Ord. 555-81, App. 11/12/81) 

SEC. 1039.2. SHOOTING GALLERIES. 

Every person, firm or corporation, club or 
association engaged in the business of maintain- 
ing or conducting a shooting gallery or range, for 
profit, shall pay a license fee for each gallery so 
maintained or conducted. 

The license herein provided is exclusive of 
any powder license which now is or hereafter 
may be required by law. (Added by Ord. 555-81, 
App. 11/12/81) 

SEC. 1040. FIREARMS REGULATED. 

It shall be unlawful for any person, firm, 
corporation, club or association, maintaining or 
conducting any shooting gallery or range to use 
or permit to be used or discharged therein any 
firearms of greater than 22 caliber, unless the 
cartridges used in such firearms be loaded with 
reduced charges. (Added by Ord. 1.075, App. 
10/11/38) 

SEC. 1041. CLOSING DURING CERTAIN 
HOURS. 

It shall be unlawful for any person, firm, 
corporation, club or association, maintaining or 
conducting any shooting gallery or range to keep 
the same open, or to discharge or permit to be 
discharged therein any firearms, cartridge or 
other explosive between the hours of midnight 
and 7:00 a.m. of the following morning. (Added 
by Ord. 1.075, App. 10/11/38) 



Sec. 1042. 



San Francisco - Police Code 



580 



SEC. 1042. BETTING PROHIBITED. 

It shall be unlawful for any person, firm, 
corporation, club or association maintaining or 
conducting any shooting gallery or range to per- 
mit any betting or wagering upon the result of 
any shooting contest conducted or engaged in 
within such gallery or range; and it shall be 
unlawful for any person to bet or wager upon the 
result of any shooting contest conducted or en- 
gaged in within any shooting gallery or range. 
(Added by Ord. 1.075, App. 10/11/38) 

SEC. 1043. BULLET-PROOFING. 

Every shooting gallery or range must be 
bullet-proof and entirely enclosed. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 1044. INSPECTION BY POLICE. 

The Chief of Police is hereby authorized and 
empowered to inspect shooting galleries and 
ranges, and to direct any member of the Police 
Department to make such inspection. (Added by 
Ord. 1.075, App. 10/11/38) 

SEC. 1045. MECHANICAL 
CONTRIVANCES AND OTHER 
AMUSEMENTS. 

It shall be unlawful for any person, firm or 
corporation to maintain or conduct any of the 
following amusements without first having ob- 
tained a permit for said amusement from the 
Entertainment Commission: 

(a) Any public roller or ice skating rink; 

(b) Any revolving wheel, chute, toboggan 
slide, merry-go-round, swing or other mechani- 
cal contrivance where a fee or sum of money is 
charged to carry any person thereon; 

(c) Any museum or any collection of ma- 
chines operated for the entertainment or amuse- 
ment of the public, where an admission fee is 
charged; provided, however, that permits for 
museums shall not be required under this Sec- 
tion from any museum maintained or conducted 
by a federal, state or local entity or any corpora- 
tion or foundation which is exempt from income 



taxes under Section 501(c)(3) of the Internal 
Revenue Code. (Added by Ord. 555-81, App. 
11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1045.1. FILING FEE. 

Every person desiring a permit pursuant to 
Section 1045 of this Article shall file an applica- 
tion with the Entertainment Commission upon a 
form provided by the Entertainment Commis- 
sion and shall pay a filing fee. (Added by Ord. 
555-81, App. 11/12/81; amended by Ord. 164-02, 
File No. 020783, App. 7/26/2002) 

SEC. 1045.2. LICENSE. 

Every person, firm or corporation maintain- 
ing or conducting any amusement for which a 
permit is required by Section 1045 of this Article 
shall pay a license fee. 

The Tax Collector shall not issue a license 
under the provisions of this Section, unless the 
applicant therefor shall have first obtained from 
the Entertainment Commission a permit to con- 
duct such amusement. 

Such permits shall be issued annually, and 
may be revoked at any time by the Entertain- 
ment Commission, and upon the revocation of 
such permit such license issued thereon shall 
immediately terminate and expire. (Added by 
Ord. 555-81, App. 11/12/81; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1045.3. APPLICATION AND 
POSTING. 

The application for mechanical contrivances 
and other amusements shall be filed in sufficient 
time to allow the Entertainment Commission to 
notice and fix the time and place for a public 
hearing on the application. Not less than 10 days 
before such hearing, the Entertainment Commis- 
sion shall cause a notice of such hearing to be 
posted in one or more conspicuous place(s) on or 
about the property where the mechanical con- 
trivances and other amusements are to be oper- 
ated, in a fashion designed to inform the public of 
the application. Failure to apply in sufficient 
time for a noticed hearing to be held may be 



581 



Licenses for Amusements 



Sec. 1052. 



cause for the Entertainment Commission to deny 
issuance of a permit. (Amended by Ord. 584-81, 
App. 12/10/81; Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 1045.4. EXCEPTIONS. 

The provisions of Sections 1045 to 1045.4, 
inclusive, shall not apply to any person, firm or 
corporation who is required to obtain a permit 
for the same amusement pursuant to Sections 
1015 to 1018, inclusive, or Sections 1031 to 1034, 
inclusive, of this Article. (Added by Ord. 555-81, 
App. 11/12/81) 

SEC. 1049. PROVIDING FOR 
INSPECTION AND REGULATION OF 
MECHANICAL AMUSEMENT 
CONTRIVANCES USED TO CONVEY 
HUMAN BEINGS. 

Every person, firm or corporation operating 
or maintaining any revolving wheel, chute, sce- 
nic railway, swing, slide or mechanical amuse- 
ment contrivance for the purpose of conveying 
human beings, shall cause an inspection of the 
same to be made before a license therefor is 
granted. Such inspection of said machine must 
be made quarterly prior to the issuance of the 
quarterly license therefor and may be made 
either by the Department of Public Works of the 
City and County of San Francisco or by a quali- 
fied safety inspector employed by an insurance 
company; provided, that said safety inspector 
shall have first secured from the Industrial Ac- 
cident Commission of the State of California a 
certificate of competency to make such inspec- 
tion. A safety certificate must be furnished to the 
person conducting said contrivance, and pre- 
sented to the Tax Collector before a license 
therefor shall be granted. (Amended by Ord. 971, 
Series of 1939, App. 12/26/40) 

SEC. 1050. RECREATIONAL 
EQUIPMENT VENDOR DEFINED. 

Unless the context specifically indicates oth- 
erwise, the term "recreational equipment ven- 
dor" as used in this chapter shall mean or 
include all persons, firms, corporations, clubs or 
associations which rent, sell, lease, loan or oth- 



erwise make available recreational equipment to 
the public. (Added by Ord. 307-79: App. 6/29/79) 

SEC. 1051. PERMIT REQUIRED. 

It shall be unlawful for any recreational 
equipment vendor to rent, sell, lease, loan or 
otherwise make available recreational equip- 
ment to the public from a truck, cart or otherwise 
movable vehicle located on a public street or 
other public property without first having ob- 
tained a permit from the Entertainment Com- 
mission. (Added by Ord. 307-79, App. 6/29/79; 
amended by Ord. 164-02, File No. 020783, App. 
7/26/2002) 

SEC. 1052. APPLICATION FOR PERMIT. 

Applications for said permit shall be made in 
writing to the Entertainment Commission and 
shall be made in such form and shall contain 
such information as the Entertainment Commis- 
sion shall require, including proof of liability 
insurance in an amount of $1 million, naming 
the City and County of San Francisco and its 
officers and employees as an additional insured, 
and an agreement to hold the City and County of 
San Francisco harmless from any liability aris- 
ing out of the vending and use of recreational 
equipment. In granting or denying a permit, the 
Entertainment Commission shall give particular 
consideration to the peace, order, health, safety 
and welfare of the public and on the business 
reputation of the vendor; provided, that each 
application be made for a single city street and 
block and that at no time will a permit be issued 
to more than one recreational equipment vendor 
for the same street and block. No more than one 
permit shall be issued to any person, firm, cor- 
poration, partnership, club, association, or group 
of any kind. 

Upon application for a recreational equip- 
ment vendor permit, the Entertainment Commis- 
sion shall set a time, date and place for a public 
hearing thereon and shall cause a notice thereof 
to be conspicuously posted on all available utility 
and light poles on the street and block for which 
the permit is requested not less than 20 days 
before the date set for public hearing. The notice 
shall set forth the name of the applicant, the 



Sec. 1052. 



San Francisco - Police Code 



582 



purpose for which the application is made, and 
the time, date, and place of public hearing on the 
application. 

Each applicant for a permit shall pay to the 
Entertainment Commission a nonrefundable ap- 
plication fee payable in advance. (Amended by 
Ord. 555-81, App. 11/12/81; Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1053. LICENSE FEES. 

Every person granted a recreational equip- 
ment vendor permit by the Entertainment Com- 
mission shall pay to the Tax Collector an annual 
license fee, payable in advance. The permit shall 
be nontransferable. 

The license fee prescribed in this Section is 
due and payable on a calendar year basis, start- 
ing January 1st of each year. Fees for new 
permits issued after the first day of January of a 
particular year shall be prorated with regard to 
the calendar year on a monthly basis. (Amended 
by Ord. 555-81, App. 11/12/81; Ord. 164-02, File 
No. 020783, App. 7/26/2002) 

SEC. 1054. REGULATIONS. 

(a) Hours. Recreational equipment can only 
be rented, sold, leased, loaned or otherwise made 
available to the public between sunrise and 
sunset of any given day. The trucks, carts or 
otherwise movable vehicles used by recreational 
equipment vendors may be parked or positioned 
for one-half hour before sunrise until one-half 
hour after sunset. 

(b) Location. Once a recreational equip- 
ment vendor has positioned his vehicle and has 
transacted his first business of the day, he can- 
not reposition his vehicle except in the case of an 
emergency or when ordered to do so by an 
on-duty police officer or fireman. However, if he 
is parked in a restricted parking area, he must 
obey the time limits or other restrictions pro- 
vided by the San Francisco Traffic Code or by the 
California Vehicle Code, except that he is exempt 
from the provisions of Traffic Code Section 63 as 
provided therein. 



(c) Equipment. No recreational equipment 
vendor shall have available for vending more 
than 400 items of recreational equipment or if 
the item is commonly rented in pairs (such as 
roller skates) 400 pairs of such them; provided, 
however, that safety equipment related to the 
use of said item is not included in this limit. 
Every recreational equipment vendor shall cer- 
tify that the equipment with which he deals is in 
good condition and is safe for the use for which it 
was intended. 

(d) Attended Vehicles. At no time be- 
tween sunset of one day and sunrise of the next 
day shall the vehicle used by any recreational 
equipment vendor in the conduct of his business 
be left unattended on the public streets of San 
Francisco. 

(e) Limitation on Location. Recreational 
equipment cannot be rented, sold, leased, loaned 
or otherwise made available to the public on a 
public street or sidewalk in an RH-1 (D), RH-1, 
RH-1 (S), RH-2, RH-3, RM-1, RM-2, RM-3, RM-4, 
RC-1, RC-2, RC-3 or RC-4 Use District or adja- 
cent to a park within the City and County of San 
Francisco. 

(f) Further Regulations and Rules. The 

Entertainment Commission shall have the au- 
thority to adopt further rules and regulations as 
required. (Amended by Ord. 352-80, App. 7/3/80; 
Ord. 164-02, File No. 020783, App. 7/26/2002) 

SEC. 1055. PENALTY. 

Any person who shall violate any of the 
provisions of Sections 1050 to and including 1054 
of this Chapter shall be guilty of a misdemeanor, 
and, upon conviction thereof, shall be subject to a 
fine of not less than $100 and not more than 
$500, or by imprisonment in the jail of the City 
and County for a term of not more than six 
months or by both such fine and imprisonment. 

In the alternative any violations of Sections 
1050 to and including 1054 of this Chapter by a 
permittee hereunder shall be deemed to be dis- 
orderly and improper conduct as that term is 
used in Section 3.537 of the Charter of the City 
and County of San Francisco, and the Entertain- 
ment Commission may, after hearing, revoke 



583 Licenses for Amusements Sec. 1055. 



said permittee's permit pursuant to Section 3.537 
of said Charter; or, in lieu thereof, may, after 
hearing, suspend said permit for such length of 
time as he deems proper. (Added by Ord. 307-79, 
App. 6/29/79; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 



Sec. 1055. San Francisco - Police Code 584 



[The next page is 605] 



ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS 



Sec. 


1060. 


Definitions. 


Sec. 


1060.1. 


Permit Required. 


Sec. 


1060.1-1 


. License Fees. 


Sec. 


1060.2. 


Filing. 


Sec. 


1060.3. 


Application Form. 


Sec. 


1060.4. 


Verification of Application. 


Sec. 


1060.5. 


Determination of Application. 


Sec. 


1060.6. 


Private Club. 


Sec. 


1060.7.1. 


Solicitation of Drinks or 
Merchandise. 


Sec. 


1060.8. 


Lighting. 


Sec. 


1060.9. 


Miscellaneous Rules. 


Sec. 


1060.9.1. 


Requirement For Stage. 


Sec. 


1060.10. 


Booths. 


Sec. 


1060.11. 


Police — Inspection. 


Sec. 


1060.12. 


Noise Abatement. 


Sec. 


1060.13. 


Minors. 


Sec. 


1060.14. 


Regulation of Signs. 


Sec. 


1060.15. 


Signs, Continued. 


Sec. 


1060.17. 


Removal of Signs and Pictorial 
Representation. 


Sec. 


1060.18. 


Visibility From the Street. 


Sec. 


1060.19. 


Permit Fee; Exemptions. 


Sec. 


1060.20. 


Suspension and Revocation. 


Sec. 


1060.21. 


Forfeiture of Fee. 


Sec. 


1060.22. 


License Fees. 


Sec. 


1060.23. 


Limited Suspension. 


Sec. 


1060.24. 


Transfer of Permit. 


Sec. 


1060.25. 


Penalty. 


Sec. 


1060.26. 


Severability. 


Sec. 


1060.27. 


Time Limit For Obtaining 
Permit. 


Sec. 


1060.28. 


Earplugs and Free Drinking 
Water. 


Sec. 


1060.29. 


One Night Event Permit. 



SEC. 1060. DEFINITIONS. 

For the purpose of this Article, the following 
words and phrases shall mean and include: 

(a) "Place of Entertainment." Every pre- 
mises to which patrons or members are admitted 
which serves food, beverages, or food and bever- 
ages, including but not limited to alcoholic bev- 
erages, for consumption on the premises and 
wherein entertainment as defined in Subsec- 
tions (b), (c), or (e) is furnished or occurs upon the 
premises. 

(b) "Entertainment." Any act, play, review, 
pantomime, scene, song, dance act, song and 
dance act, or poetry recitation, conducted or 
participated in by any professional entertainer 
in or upon any premises to which patrons or 
members are admitted. 

"Entertainment," in addition, is defined to 
mean and include the playing upon or use by any 
professional entertainer of any instrument that 
is capable of or can be used to produce musical 
sounds or percussion sounds, including but not 
limited to, reed, brass, percussion or string-like 
instruments, or recorded music presented by a 
live disc jockey on the premises. 

(c) "Entertainment," Continued. "Entertain- 
ment" also includes a fashion or style show in 
which the models are professional entertainers, 
except when conducted by a bona fide nonprofit 
club or organization as a part of the social 
activities of such club or organization, and when 
conducted solely as a fundraising activity for 
charitable purposes. 

(d) "Professional Entertainer. " A person who 
is compensated for his or her performance. 

(e) "Entertainment," Continued; Exhibition 
of Human Body. "Entertainment" also includes 
the act of any female professional entertainer, 
while visible to any customer, who exposes the 
breast or employs any device or covering which is 



605 



Sec. 1060. 



San Francisco - Police Code 



606 



intended to simulate the breast, or wears any 
type of clothing so that the breast may be ob- 
served. 

(f) "Person." Any person, individual, firm, 
partnership, joint venture, association, social 
club, fraternal organization, joint stock company, 
corporation, estate, trust, business trust, re- 
ceiver, trustee, syndicate or any other group or 
combination acting as a unit excepting the United 
States of America, the State of California, and 
any political subdivision of either thereof. 

(g) "Operator." Any person operating a place 
of entertainment in the City and County of San 
Francisco, including, but not limited to, the owner 
or proprietor of such premises, lessee, sublessee, 
mortgagee in possession, permittee or any other 
person operating such place of entertainment or 
amusement. 

(h) "Bona Fide Nonprofit Club or Organiza- 
tion." Any fraternal, charitable, religious or be- 
nevolent, or any other nonprofit organization 
having a regular membership association prima- 
rily for mutual social, mental, political and civic 
welfare, to which admission is limited to mem- 
bers and guests and revenue accruing therefrom 
shall be used exclusively for the benevolent pur- 
poses of said organization and which organiza- 
tion or agency is exempt from taxation under the 
Internal Revenue laws of the United States as a 
bona fide fraternal, charitable, religious, benevo- 
lent or nonprofit organization. 

(i) "Admission Charge." Any charge for the 
right or privilege to enter any place of entertain- 
ment including a minimum service charge, a 
cover charge or a charge made for the use of 
seats and tables, reserved or otherwise. 

(j) "Tax Collector." Tax Collector of the City 
and County of San Francisco. 

(k) "Security Plan." A plan that (i) provides 
at least 1 security guard for every 100 persons 
authorized by the Occupancy Permit, (ii) secures 
a 50 foot perimeter in all directions around the 
location of the Place of Entertainment to prevent 
injury to persons and/or damage to property, and 
(iii) provides for the orderly disbursement of 
persons and traffic from the Place of Entertain- 
ment. The Entertainment Commission, in con- 



sultation with the San Francisco Police Depart- 
ment, shall develop rules and regulations 
implementing this section. (Amended by Ord. 
42-83, App. 2/4/83; Ord. 325-91, App. 9/4/91; Ord. 
165-93, App. 5/28/93; Ord. 262-04, File No. 041148, 
App. 11/4/2004) 

SEC. 1060.1. PERMIT REQUIRED. 

It shall be unlawful for any person to own, 
conduct, operate, maintain or to participate 
therein, or to cause or permit to be conducted, 
operated or maintained, any place of entertain- 
ment in the City and County of San Francisco 
without first having obtained a permit from the 
Entertainment Commission. 

Any place or premises where a permit to 
operate is sought must conform to all existing 
health, safety, zoning and fire ordinances of the 
City and County of San Francisco, and must 
have a valid public eating place permit from the 
Department of Public Health. The Entertain- 
ment Commission may issue a permit under this 
Section conditional upon the applicant receiving 
the other required permits. 

Any permit granted by the Entertainment 
Commission conditional upon the applicant re- 
ceiving other required permits may be appealed 
to the Board of Permit Appeals. Such appeal 
must be filed within ten (10) days of the final 
decision of the Entertainment Commission issu- 
ing the conditional permit. 

Any conditional permit granted by the Enter- 
tainment Commission will expire nine (9) months 
from the date of the final decision of the Enter- 
tainment Commission, if all the other required 
permits have not been received. (Amended by 
Ord. 284-80, App. 6/17/80; Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1060.1-1. LICENSE FEES. 

Every person granted a place of entertain- 
ment permit by the Entertainment Commission 
under this Article shall pay to the Tax Collector 
an annual license fee, payable in advance. 

The license fee prescribed in this Section is 
due and payable on a calendar year basis, start- 
ing January 1st of each year. Fees for new 



607 



Entertainment Regulations Permit and License Provisions 



Sec. 1060.3. 



permits issued after the first day of January of a 
particular year shall be prorated with regard to 
the calendar year on a monthly basis. The amount 
of the license fee for the 2005-2006 fiscal year 
shall be as set forth in Section 2.27 of this Code, 
and such amount shall be adjusted for inflation 
commencing with the 2006-2007 fiscal year, and 
annually thereafter, in accordance with Section 
2.31 of this Code. (Added by Ord. 193-05, Fife No. 
051027, App. 7/29/2005) 

SEC. 1060.2. FILING. 

Every person desiring a permit pursuant to 
this Article shall file an application with the 
Entertainment Commission upon a form pro- 
vided by the Entertainment Commission and 
shall pay a filing fee. (Amended by Ord. 555-81, 
App. 11/12/81; Ord. 164-02, File No. 020783, App. 
7/26/2002) 

SEC. 1060.3. APPLICATION FORM. 

Operators under any permit issued pursuant 
to this Article shall be limited to the terms of the 
application. Except as otherwise provided herein, 
an application for a permit pursuant to the 
provisions of this Article shall specify: 

(a) The address of the location for which the 
permit is required, together with the business 
name of such location. 

(b) The name and proposed business ad- 
dress of the applicant. If the applicant is a 
corporation, the name of the corporation shall be 
set forth exactly as shown in its articles of 
incorporation; and the applicant shall also set 
forth the date and place of incorporation; the 
names and residence addresses of each of the 
officers, directors, and each stockholder owning 
more than 10 percent of the stock of the corpo- 
ration. If the applicant is a partnership, the 
application shall set forth the name and resi- 
dence address of each of the partners, including 
limited partners. If one or more of the partners is 
a corporation, the provisions of this Section per- 
taining to a corporate applicant apply. 

(c) Whether or not the applicant or any 
officer or director or member of applicant, as the 
case may be, has ever been convicted of any 



crime except misdemeanor traffic violations. In 
addition to the foregoing, any corporate appli- 
cant shall state whether or not any stockholder 
owning more than 10 percent of the stock of such 
corporation has ever been convicted of any crime 
except misdemeanor traffic violations. If any 
person mentioned in this subsection has been so 
convicted, a statement must be made giving the 
name of the person so convicted, the place and 
court in which the conviction was had, the spe- 
cific charge under which the conviction was 
obtained, and the sentence imposed as the result 
of said conviction. 

(d) The names and addresses of the persons 
who have authority or control over the place for 
which the permit is requested and a brief state- 
ment of the nature and extent of such authority 
and control. 

(e) Such information pertinent to the opera- 
tion of the proposed activity, including informa- 
tion as to management, authority control, finan- 
cial agreements, and lease arrangements, that is 
reasonably related to the factual determinations 
this ordinance empowers the Entertainment Com- 
mission to make in reviewing and acting upon 
permit applications as the Entertainment Com- 
mission may require of an applicant in addition 
to the other requirements of this Section. The 
foregoing examples are in explanation of and not 
in limitation of the information which the Enter- 
tainment Commission may require. 

(f) A business plan for the proposed place of 
entertainment, specifying the days and hours of 
operation, the number of patrons, the numbers 
of employees and their duties, the identity of the 
manager or managers who shall be on premises 
during all hours of operation, the types or classes 
of entertainment (in terms of the types of instru- 
ments, numbers of performers and sound levels) 
to be provided, and the amount of parking, both 
on-site and off-site, to be provided. If sound 
amplification is to be used, the plan shall also 
include a specific description of the amplification 
system. 

(g) The address to which notice, when re- 
quired, is to be sent or mailed, and the name and 
address of a person authorized to accept service 
of process, if not otherwise set forth herein. 



Sec. 1060.3. 



San Francisco - Police Code 



608 



(h) Whether the application is for a new 
permit or for the renewal of an existing permit. 

(i) The Entertainment Commission may re- 
quire further information as it deems necessary. 
(Added by Ord. 140-70, App. 4/28/70; amended 
Ord. 325-91, App. 9/4/91; Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1060.4. VERIFICATION OF 
APPLICATION. 

Every application for a permit under this 
Article shall be verified as provided in the Cali- 
fornia Code of Civil Procedure for the verification 
of pleadings. (Added by Ord. 140-70, App. 4/28/ 
70) 

SEC. 1060.5. DETERMINATION OF 
APPLICATION. 

(a) When an application is filed for a new 
permit under this Article, the Entertainment 
Commission shall fix a time and place for a 
public hearing thereon to determine whether 
issuance of the permit would result in any of the 
conditions set forth in Subsection (e). The hear- 
ing must be held within 45 working days of the 
date the completed application is received. 

(b) At the time of filing of an application, 
the applicant shall notify the Entertainment 
Commission of any outstanding requests for per- 
mits or approvals from other City departments 
relating to the premises of the proposed place of 
entertainment. The Entertainment Commission 
shall notify those departments of the filing of the 
application. Those departments shall complete 
all necessary inspections and report their deter- 
minations to the Entertainment Commission 
within 20 working days of the filing of the 
application. 

(c) Not less than 30 days before the date of 
such hearing, the Entertainment Commission 
shall cause to be posted a notice of such hearing 
in a conspicuous place on the property in which 
or on which the proposed place of entertainment 
is to be operated. Such notice shall set forth the 
specific type of entertainment which the appli- 
cant intends to conduct. Such posting of notice 
shall be carried out by the Entertainment Com- 



mission, and the applicant shall maintain said 
notice as posted the required number of days. 
Notice of such hearing shall be mailed by the 
Entertainment Commission at least 30 days prior 
to the date of such hearing to any person who has 
filed a written request for such notice. 

(d) At the hearing, the applicant and any 
other interested party, including the Police De- 
partment or any other public agency, shall be 
allowed to introduce evidence and present argu- 
ment. The Entertainment Commission shall make 
a final decision upon the application at a public 
hearing, and shall notify the applicant, and any 
other interested party who has made a written 
request, of the final decision by first class mail. 

(e) No time limit shall commence running 
until the submission of a completed application. 
Upon the applicant's request, the Entertainment 
Commission shall continue the hearing to allow 
the applicant opportunity to comply with the 
requirements of this Article or any other state or 
local law. Notice of the date of any continuance of 
the hearing shall be posted in the same place and 
manner as the original notice for not less than 
seven (7) days. Upon the applicant's request, the 
Entertainment Commission shall also issue a 
conditional approval of the permit application, 
pending approval of the permit by other City 
agencies, if sufficient information has been pro- 
vided to allow for adequate evaluation of the 
proposal and if grounds for denial, as set forth in 
Subsection (f), are not present. 

(f) The Entertainment Commission shall 
grant a permit pursuant to this Article unless it 
finds that: 

(i) The building, structure, equipment or 
location of the proposed place of entertainment 
does not comply with or fails to meet all of the 
health, zoning, fire and safety requirements or 
standards of all the laws of the State of Califor- 
nia or ordinances of the City and County of San 
Francisco applicable to such business operation; 
or 

(ii) The building, structure, equipment or 
location of the proposed place of entertainment 
cannot adequately accommodate the type and 
volume of vehicle and pedestrian traffic antici- 
pated; or 



609 



Entertainment Regulations Permit and License Provisions 



Sec. 1060.12. 



(iii) The building, structure, equipment or 
location of the proposed place of entertainment 
lack adequate safeguards to prevent emissions of 
noise, glare, dust and odor that substantially 
interfere with the public health, safety and wel- 
fare or the peaceful enjoyment of neighboring 
property; or 

(iv) The building, structure, or location of 
the proposed one night event does not have an 
adequate security plan as required by this Sec- 
tion. 

(g) An applicant whose application for a 
permit has been denied pursuant to this Section 
may seek immediate judicial review pursuant to 
Code of Civil Procedure Section 1085 or Section 
1094.5. The applicant is not required to exhaust 
his or her administrative remedies before the 
Board of Appeals. (Added by Ord. 140-70, App. 
4/28/70; amended by Ord. 325-91, App. 9/4/91 
Ord. 164-02, File No. 020783, App. 7/26/2002 
Ord. 216-02, File No. 021460, App. 11/1/2002 
Ord. 262-04, File No. 041148, App. 11/4/2004) 

SEC. 1060.6. PRIVATE CLUB. 

No establishment issued a permit pursuant 
to this Article may allow the premises to be used 
solely for the purpose of conducting a private 
club between the hours of 2:00 a.m. and 6:00 a.m. 
(Added by Ord. 140-70, App. 4/28/70) 

SEC. 1060.7.1. SOLICITATION OF 
DRINKS OR MERCHANDISE. 

No operator of a place of entertainment shall 
employ or permit any hostess, entertainer or 
person to solicit any patron or customer of or 
visitor in said place of entertainment to purchase 
any beverage or merchandise for the one solicit- 
ing or for any other person. (Added by Ord. 
306-73, App. 8/6/73) 

SEC. 1060.8. LIGHTING. 

Every establishment which has received a 
permit pursuant to this Article shall be lighted 
throughout to an intensity of not less than 12 
foot candles during all hours of operation except 
while the floor show is in progress. (Added by 
Ord. 140-70, App. 4/28/70) 



SEC. 1060.9. MISCELLANEOUS RULES. 

No professional entertainer or employee may 
dance with any customer on the premises in any 
place of entertainment. (Added by Ord. 140-70, 
App. 4/28/70) 

SEC. 1060.9.1. REQUIREMENT FOR 
STAGE. 

Entertainers whose breasts are exposed to 
view shall perform only upon a stage at least 18 
inches above the immediate floor level and re- 
moved at least 6 feet from the nearest patron. 
(Added by Ord. 273-73, App. 7/6/73) 

SEC. 1060.10. BOOTHS. 

It shall be unlawful for any person operating 
a place of entertainment under the provisions of 
this Article in the City and County of San Fran- 
cisco, or any agent, employee or representative 
thereof, to erect, construct, maintain, or cause or 
permit to be erected, constructed or maintained, 
within such place of entertainment any private 
rooms, booths, enclosures or compartments, or 
any closed stalls, or any alcoves of any nature, so 
arranged that the inner portion of the same shall 
not at all times be visible from any point in the 
place of entertainment where such rooms, booths, 
enclosures, compartments, stalls or alcoves should 
be reasonably within view. (Added by Ord. 140- 
70, App. 4/28/70) 

SEC. 1060.11. POLICE— INSPECTION. 

The Police Department, in addition to their 
several other duties, shall inspect any and all 
establishments which have been issued a permit 
pursuant to this Article. (Added by Ord. 140-70, 
App. 4/28/70) 

SEC. 1060.12. NOISE ABATEMENT. 

Whenever, upon due notice and hearing, it 
shall be determined that noise from any estab- 
lishment which has been issued a permit pursu- 
ant to this Article interfered with the right of 
persons dwelling in the vicinity of such establish- 
ment to the peaceful and quiet use and enjoy- 
ment of their property, the Entertainment Com- 
mission may require that the premises be 
soundproofed in a manner that in the judgment 



Sec. 1060.12. 



San Francisco - Police Code 



610 



of the Entertainment Commission will be effec- 
tive to eliminate the noise or reduce it to a 
reasonable level. In taking any action under this 
Section, the Entertainment Commission must 
balance all of the interests of the respective 
parties, as well as the hardship which will result 
from any order. If the Entertainment Commis- 
sion finds that the noise complained of is of a 
minimum or inconsequential degree, no action 
shall be taken under this Article. If a permittee 
fails, within a reasonable time and in no event 
more than 60 days after having been ordered to 
do so pursuant to this Article, to abate any noise, 
his permit shall be suspended after a second 
hearing, due notice of which is given, until such 
time as he complies with the order. (Added by 
Ord. 140-70, App. 4/28/70; amended by Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1060.13. MINORS. 

No person under 21 years of age shall enter, 
be, or remain in or on any premises on or in 
which any exhibition of the human body, as 
defined in Section 1060(f), is presented and per- 
mittee shall not permit such a person to enter, 
be, or remain in or on any such premises. (Added 
by Ord. 140-70, App. 4/28/70) 

SEC. 1060.14. REGULATION OF SIGNS. 

No sign or signs, paintings, photographs, 
pictorial representations, or any other visual 
means shall be maintained, erected, used or 
placed upon or adjacent to the outside of any 
building, or in connection with any premises 
therein, which has received a permit pursuant to 
this Article, if it shows, reveals or depicts, in 
whole or in part, the following: 

(1) The performance of acts, or simulated 
acts, of sexual intercourse, masturbation, sod- 
omy, bestiality, copulation (oral, anal or vaginal), 
flagellation or any sexual acts which are prohib- 
ited by law; 

(2) The actual or simulated caressing or 
fondling by one adult human being of the breast, 
buttocks, anus or genitals of another adult hu- 
man being; 



(3) The actual or simulated displaying of 
the pubic hair, anus, vagina, penis, vulva, but- 
tocks, or any other external genitalia of the 
human body; 

(4) Any portion of the nude female breast 
below the top of the areola. (Amended by Ord. 
71-73, App. 2/23/73) 

SEC. 1060.15. SIGNS, CONTINUED. 

No sign or signs which, in whole or in part, 
advertise any entertainment and which sign or 
signs use the word "nude," "bottomless," "naked" 
or words of like import, except that the words 
"adult entertainment" or "adult show" or "topless 
entertainment" will be permissible, shall be main- 
tained, erected, used, or placed upon or adjacent 
to the outside of any building where it is visible 
from public streets or from adjacent buildings, or 
premises, the purpose of which sign is intended 
to attract, lure or entice customers. (Amended by 
Ord. 71-73, App. 2/23/73) 

SEC. 1060.17. REMOVAL OF SIGNS AND 
PICTORIAL REPRESENTATION. 

Any sign, or signs, or portions thereof, in 
violation of Sections 1060.14 and 1060.15 shall 
be removed within 60 days after the effective 
date of this Article. (Amended by Ord. 71-73, 
App. 2/23/73) 

SEC. 1060.18. VISIBILITY FROM THE 
STREET. 

No operator of a place of entertainment shall 
permit, or cause to be permitted, any entertain- 
ment as defined in Section 1060(e) so that said 
entertainment would be visible at any time from 
the street, sidewalk or highway. (Added by Ord. 
140-70, App. 5/28/70) 

SEC. 1060.19. PERMIT FEE; 
EXEMPTIONS. 

The provisions of Section 1060.2 relating to a 
permit fee shall not apply to any place of enter- 
tainment used exclusively for any of the follow- 
ing purposes: 

(a) Places of entertainment that are oper- 
ated by any public agency or by any educational, 
recreational or social agency, or by any bona fide 



611 



Entertainment Regulations Permit and License Provisions 



Sec. 1060.20. 



fraternal, charitable, or religious or benevolent 
or any other nonprofit organization having a 
regular membership association primarily for 
mutual social, mental, political and civic welfare, 
to which admission is limited to members and 
guests and revenue accruing therefrom to be 
used exclusively for the benevolent purposes of 
said organization and which organization or 
agency is exempt from taxation under the Inter- 
nal Revenue laws of the United States as a bona 
fide fraternal, charitable, religious, benevolent 
or nonprofit organization. (Added by Ord. 140- 
70, App. 4/28/70) 

SEC. 1060.20. SUSPENSION AND 
REVOCATION. 

(a) Any permit issued under the terms of 
this Article may be suspended at any time by the 
Entertainment Commission if the Entertain- 
ment Commission determines after a noticed 
public hearing that any of the following condi- 
tions exist: 

(1) The building, structure, equipment or 
location of the proposed place of entertainment 
does not comply with or fails to meet all of the 
health, zoning, fire and safety requirements or 
standards of all the laws of the State of Califor- 
nia or ordinances of the City and County of San 
Francisco applicable to such business operation; 
or 

(2) The establishment has been operated in 
a manner that has harmed the public health, 
safety or welfare by significantly increasing pe- 
destrian traffic, the incidence of disorderly con- 
duct, or the level of noise in the area in which the 
premises are located, and the permittee has 
failed, after being requested by the Police De- 
partment or Entertainment Commission to do 
so, to take reasonable steps to alleviate these 
conditions, such as providing additional off- 
street parking, security, soundproofing, restroom 
facilities, or refuse containers; or 

(3) The proprietor or person or persons in 
charge thereof have violated, permitted the vio- 
lation, or failed to take reasonable steps, after 
being requested by the Police Department or 
Entertainment Commission to do so, to halt 



violations on the premises or in connection with 
the operation of the establishment of any follow- 
ing laws of the State of California: Penal code 
Sections 266h, 266i, 315, 316, 330, 337a, 647(b); 
Business and Professions Code Sections 23300, 
25602, 25631, 25657, 25658; Health and Safety 
Code Sections 11351, 11352, 11359, 11360, 11378, 
11379, 11378.5, 11379.5; or, the proprietor or 
persons in charge thereof have implemented, 
maintained or permitted any admission or re- 
lated policy or practice which violates Section 
3305 of the San Francisco Police Code. 

(4) The proprietor or persons in charge 
thereof have violated or permitted the violation 
of any other provision of this Article or of the 
permit, on the premises or in connection with the 
operation of the establishment. 

(b) The penalty for the first violation under 
Subsection (a) within a period of six months shall 
be suspension of said permit for a period of 30 
days. The penalty for the second violation within 
a period of six months shall be suspension of said 
permit for a period of 60 days. The penalty for 
the third and subsequent violations within a 
period of six months shall be suspension of said 
permit for a period of 90 days. For the purposes 
of this Subsection, calculation of the six months 
shall not include any period of time during which 
the permit was suspended. 

(c) Any permit issued under the terms of 
this Article may be revoked at any time by the 
Entertainment Commission if the Entertain- 
ment Commission determines after a noticed 
public hearing that any of the following condi- 
tions exist: 

(1) The permittee has knowingly made any 
false, misleading or fraudulent statement of ma- 
terial fact in the application for a permit; 

(2) The permittee has failed to pay any fee 
or charge required under this Article; or 

(3) The permittee has permanently ceased 
operation of the business. 

(d) A revocation pursuant to Subsection (c) 
shall not prejudice the right of an applicant to 
apply for a new permit. 



Sec. 1060.20. 



San Francisco - Police Code 



612 



(e) The Entertainment Commission may not 
consider any request for emergency medical or 
ambulance services to treat a permittee's pa- 
trons as a basis for suspending a permit pursu- 
ant to subdivision (a). (Added by Ord. 140-70, 
App. 4/28/70; amended by Ord. 325-91, App. 
9/4/91; Ord. 81-00, File No. 000390, App. 5/5/ 
2000; Ord. 164-02, File No. 020783, App. 7/26/ 
2002) 

SEC. 1060.21. FORFEITURE OF FEE. 

On revocation of the permit, no part of the 
permit fee shall be returned, but the said permit 
fee shall be forfeited to the City and County of 
San Francisco. (Added by Ord. 140-70, App. 
4/28/70) 

SEC. 1060.22. LICENSE FEES. 

Every permittee who conducts, permits or 
assists in conducting or permitting any enter- 
tainment as defined in Sections 1060 (b) and (c) 
to be shown, staged, exhibited, or produced in or 
upon any permitted premise shall pay to the Tax 
Collector an annual license fee, payable in ad- 
vance. 

The license fee prescribed in this Section is 
due and payable on a calendar year basis start- 
ing 120 days after the effective date of this 
Article, prorated with regard to the calendar 
year on a monthly basis. Fees for new licenses 
issued after the first day of January, 1971, or in 
any subsequent calendar year shall be prorated 
with regard to the calendar year on a monthly 
basis. (Amended by Ord. 555-81, App. 11/12/81; 
Ord. 165-93, App. 5/28/93) 

SEC. 1060.23. LIMITED SUSPENSION. 

Any permit issued under the terms of this 
Article may be suspended for a period of 30 days 
by the Entertainment Commission if the Enter- 
tainment Commission determines after a noticed 
hearing that violation of the regulations or any 
provision of the Municipal Code has occurred. 
(Added by Ord. 140-70, App. 4/28/70; amended 
by Ord. 164-02, File No. 020783, App. 7/26/2002) 



SEC. 1060.24. TRANSFER OF PERMIT. 

No permit shall be transferable except with 
the written consent of the Entertainment Com- 
mission. An application for such a transfer shall 
be in writing and shall be accompanied by the 
same filing fee as for an initial application. The 
written application for such transfer shall con- 
tain the same information as requested herein 
for an initial application for such a permit. 
(Amended by Ord. 555-81, App. 11/12/81; Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1060.25. PENALTY. 

Any person who violates any provisions of 
this Article shall be deemed guilty of an infrac- 
tion. Any person who violates this Article more 
than once in a 12 month period shall be guilty of 
an infraction or a misdemeanor, at the discretion 
of the prosecutor. A violation which is an infrac- 
tion is punishable by a fine of not more than 
$100. A violation which is a misdemeanor is 
punishable by a fine not to exceed $1000 or by 
imprisonment in the County Jail for a period not 
to exceed six months, or by both such fine and 
imprisonment. 

Additionally, any violation of the provisions 
of this Article Section 3305 of Article 33 by a 
permittee hereunder shall be deemed cause to or 
to revoke or suspend a permit pursuant to Sees. 
1060.20 and/or 1060.23 of this Article. (Amended 
by Ord. 273-73, App. 7/6/73; Ord. 262-04, File No. 
041148, App. 11/4/2004) 

SEC. 1060.26. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Code or any part 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause or phrase thereof, irrespective of the fact 
that any one or more sections, subsections, sub- 
division paragraphs, sentences, clauses or phrases 



613 



Entertainment Regulations Permit and License Provisions 



Sec. 1060.29. 



be declared unconstitutional or invalid or inef- 
fective. (Added by Ord. 140-70, App. 4/28/70) 

SEC. 1060.27. TIME LIMIT FOR 
OBTAINING PERMIT. 

All premises required to obtain a permit and 
license pursuant to this Article because of the 
inclusion of recorded music presented by a live 
disc jockey on the premises within the definition 
of entertainment must obtain a permit within 90 
days of the effective date of the amendments to 
this Article; failure so to do shall make continued 
operation of said place of entertainment a viola- 
tion of Section 1060.25 hereof. 

Permits must be obtained from the Entertain- 
ment Commission as Sections 1060.1, 1060.2, 
1060.3 and 1060.4 hereof provided. (Added by 
Ord. 140-70, App. 4/28/70; amended by Ord. 
325-91, App. 9/4/91; Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 1060.28. EARPLUGS AND FREE 
DRINKING WATER. 

If the location for which the place of enter- 
tainment permit is issued holds over 500 persons 
and contains a dance floor or other place prima- 
rily designated for dancing, the permit holder 
shall provide: 

(a) Free cool drinking water to patrons by 
means of an automatic drinking fountain or by 
providing cups of water at all beverage service 
locations, or both; and 

(b) Earplugs for free, or for sale on the 
premises at a reasonable price. (Added by Ord. 
176-00, File No. 000477, App. 7/28/2000; amended 
by Ord. 215-02, File No. 021459, App. 11/1/2002) 



SEC. 1060.29. 
PERMIT. 



ONE NIGHT EVENT 



(a) It shall be unlawful for any person with- 
out a valid Place of Entertainment permit to 
conduct, promote, or sponsor or to cause or to 
permit to be conducted, promoted, or sponsored 
any one night occurrence of "entertainment" as 
defined by this Article without first obtaining a 
One Night Event permit from the Entertainment 
Commission. 



(b) Any place or premises for which a per- 
mit to operate a one night event is sought must 
conform to all existing health, safety, zoning and 
fire ordinances of the City and County of San 
Francisco; must have a valid public eating place 
permit from the Department of Public Health, 
and is subject to all other requirements of this 
Article. The Entertainment Commission may 
issue a permit under this Section conditional 
upon the applicant receiving the other required 
permits. 

(c) Every person desiring a permit pursuant 
to this Article shall file an application with the 
Entertainment Commission upon a form pro- 
vided by the Entertainment Commission and 
shall pay a filing fee. Every application for a 
permit under this Article shall be verified as 
provided in the California Code of Civil Proce- 
dure for the verification of pleadings. 

(d) Any place or premises where a one night 
event is to be held must have a Security Plan. 
Proof of such shall be provided by permit appli- 
cant at the time of application for a one night 
event permit. 

(e) The Entertainment Commission shall 
grant a permit pursuant to this Article unless it 
finds that: 

(i) The building, structure, equipment or 
location of the proposed one night event does not 
comply with or fails to meet all of the health, 
zoning, fire and safety requirements or stan- 
dards of all the laws of the State of California or 
ordinances of the City and County of San Fran- 
cisco applicable to such business operation; or 

(ii) The building, structure, equipment or 
location of the proposed one night event cannot 
adequately accommodate the type and volume of 
vehicle and pedestrian traffic anticipated; or 

(hi) The building, structure, equipment or 
location of the proposed one night event lack 
adequate safeguards to prevent emissions of 
noise, glare, dust and odor that substantially 
interfere with the public health, safety and wel- 
fare or the peaceful enjoyment of neighboring 
property. 



Sec. 1060.29. San Francisco - Police Code 614 

(iv) The building, structure, or location of 
the proposed one night event does not have an 
adequate security plan as required by this Sec- 
tion. 

(f) An applicant whose application for a 
permit has been denied pursuant to this Section 
may appeal to the Board of Permit Appeals. The 
applicant is required to exhaust his or her ad- 
ministrative remedies before the Board of Ap- 
peals. (Added by Ord. 262-04, File No. 041148, 
App. 11/4/2004) 



[The next page is 621] 



ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES 



Sec. 1070. Definitions. 

Sec. 1070.1. Permit Required. 

Sec. 1070.1-1. License Fees. 

Sec. 1070.2. Filing. 

Sec. 1070.3. Application Form. 

Sec. 1070.4. Verification of Application. 

Sec. 1070.5. Determination of Application. 

Sec. 1070.6. Private Club. 

Sec. 1070.7.1. Solicitation of Drinks or 

Merchandise. 
Sec. 1070.8. Solicitation of Trade. 
Sec. 1070.9. Procurement. 
Sec. 1070.10. Attire. 
Sec. 1070.11. Lighting. 
Sec. 1070.12. Miscellaneous Rules. 
Sec. 1070.13. Booths. 
Sec. 1070.14. Police; Inspection. 
Sec. 1070.15. Noise Abatement. 
Sec. 1070.16. Minors. 
Sec. 1070.17. Suspension and Revocation. 
Sec. 1070.18. Forfeiture of Fee. 
Sec. 1070.19. Exceptions. 
Sec. 1070.20. Limited Suspension. 
Sec. 1070.20-1. License Fees. 
Sec. 1070.21. Stay Orders. 
Sec. 1070.22. Transfer of Permit. 
Sec. 1070.23. Permit Required. 
Sec. 1070.24. Penalty. 
Sec. 1070.25. Severability. 
Sec. 1070.26. Moratorium on the Granting of 

Permits. 
Sec. 1070.27. Earplugs and Free Drinking 

Water. 

SEC. 1070. DEFINITIONS. 

For the purpose of this Article, the following 
words and phrases shall mean and include: 

(a) Extended-Hours Premises. Every pre- 
mises to which patrons or members are admitted 
or which allows patrons or members to remain 



on the premises between the hours of 2:00 a.m. 
and 6:00 a.m. which serves food, beverages, or 
food and beverages, including but not limited to, 
alcoholic beverages, for consumption on the pre- 
mises or wherein entertainment as defined in 
Subsections (b) and (c) is furnished or occurs 
upon the premises. 

(1) Dance Academies. An extended-hours 
premises shall also include a dance academy 
wherein students are admitted between the hours 
of 2:00 a.m. and 6:00 a.m., and instruction is 
given in ballroom or other types of dancing, 
whether given to the students in groups or 
individually. 

(b) Entertainment. Any act, play, review, 
pantomime, scene, song, dance act, song and 
dance act, or poetry recitation, conducted or 
participated in by any professional entertainer 
in or upon any premises to which patrons or 
members are admitted. "Entertainment" also 
includes a fashion or style show, except when 
conducted by a bona fide nonprofit club or orga- 
nization as part of the social activities of such 
club or organization, and when conducted solely 
as a fund-raising activity for charitable pur- 
poses. (The term "professional entertainer" as 
used herein means a person or persons who 
engage in the presentation of entertainment for 
livelihood or gain.) 

"Entertainment," in addition, is defined to 
mean and include the playing upon or use of any 
instrument that is capable of or can be used to 
produce musical sounds or percussion sounds, 
including but not limited to, reed, brass, percus- 
sion or string-like instruments; provided, fur- 
ther, that "entertainment" is defined to mean 
any instrument or device capable of producing or 
reproducing sound, which device is located in a 
premises open between the hours of 2:00 a.m. 
and 6:00 a.m. 

(c) Informal Entertainment. Any act, play, 
review, pantomime, scene, song, dance act, song 
and dance act, or poetry recitation, conducted or 



621 



Sec. 1070. 



San Francisco - Police Code 



622 



participated in by any nonprofessional person or 
persons in or upon any premises to which pa- 
trons or members are admitted. 

(d) Person. An individual, firm, partner- 
ship, joint venture, association, social club, fra- 
ternal organization, joint stock company, corpo- 
ration, estate, trust, business trust, receiver, 
syndicate, or any other group or combination 
acting as a unit excepting the United States of 
America, the State of California, and any politi- 
cal subdivision of either thereof. 

(e) Operator. Any person operating an ex- 
tended-hours premises in the City and County of 
San Francisco, including, but not limited to, the 
owner or proprietor of such premises, lessee, 
sublessee, mortgagee in possession, licensee or 
any other person operating such place of enter- 
tainment or amusement. 

(f) Bona Fide Nonprofit Club or Orga- 
nization. Any fraternal, charitable, religious or 
benevolent, or any other nonprofit organization 
having a regular membership association prima- 
rily for mutual social, mental, political and civil 
welfare, to which admission is limited to mem- 
bers and guests and revenue accruing therefrom 
to be used exclusively for the benevolent purpose 
of said organization and which organization or 
agency is exempt from taxation under the Inter- 
nal Revenue laws of the United States as a bona 
fide fraternal, charitable, religious, benevolent 
or nonprofit organization. 

(g) Admission Charge. Any charge for the 
right or privilege to enter any extended-hours 
premises including a minimum service charge, a 
cover charge or a charge made for the use of 
seats and tables, reserved and otherwise. 

(h) Tax Collector. Tax Collector of the City 
and County of San Francisco. 

(i) "Bona Fide Public Eating Place." A 

place which is regularly and in bona fide manner 
used and kept open for the serving of meals to 
guests for compensation and which has suitable 
kitchen facilities connected therewith, contain- 
ing conveniences for cooking an assortment of 
foods which may be required for ordinary meals, 
the kitchen of which must be kept in a sanitary 
condition with the proper amount of refrigera- 



tion for keeping of food on said premises and 
must comply with all the regulations of the 
Department of Public Health. "Meals" means the 
usual assortment of foods commonly ordered at 
various hours of the day; the service of such food 
and victuals only as sandwiches or salads shall 
not be deemed a compliance with this require- 
ment. "Guests" shall mean persons who, during 
the hours when meals are regularly served therein, 
come to a bona fide public eating place for the 
purpose of obtaining, and actually order and 
obtain at such time, in good faith, a meal therein. 
Nothing in this Section, however, shall be con- 
strued to require that any food be sold or pur- 
chased with any beverage. (Amended by Ord. 
229-74, App. 5/16/74; Ord. 192-89, App. 6/5/89; 
Ord. 76-98, App. 3/6/98) 

SEC. 1070.1. PERMIT REQUIRED. 

It shall be unlawful for any person to own, 
conduct, operate, maintain or to participate 
therein, or to cause or permit to be conducted, 
operated or maintained, any extended-hours pre- 
mises in the City and County of San Francisco 
without first having obtained a permit from the 
Entertainment Commission. 

Any place or premises where a permit to 
operate is sought must conform to all existing 
health, safety, and fire ordinances of the City and 
County of San Francisco, and must have a valid 
public eating place permit from the Department 
of Public Health. The Entertainment Commis- 
sion may issue a permit under this Section 
conditional upon the applicant receiving the other 
required permits. 

Any permit granted by the Entertainment 
Commission conditional upon the applicant re- 
ceiving other required permits may be appealed 
to the Board of Appeals. Such appeal must be 
filed within 10 days of the final decision of the 
Entertainment Commission issuing the condi- 
tional permit. 

Any conditional permit granted by the Enter- 
tainment Commission will expire nine months 
from the date of the final decision of the Enter- 
tainment Commission, if all the other required 
permits have not been received. (Amended by 
Ord. 284-80, App. 6/17/80; Ord. 76-98, App. 3/6/ 
98; Ord. 164-02, File No. 020783, App. 7/26/2002) 



623 



Entertainment Regulations for Extended-Hours Premises 



Sec. 1070.3. 



SEC. 1070.1-1. LICENSE FEES. 

Every person granted an extended hours 
premises permit by the Entertainment Commis- 
sion under this Article shall pay to the Tax 
Collector an annual license fee, payable in ad- 
vance. 

The license fee prescribed in this Section is 
due and payable on a calendar year basis, start- 
ing January 1st of each year. Fees for new 
permits issued after the first day of January of a 
particular year shall be prorated with regard to 
the calendar year on a monthly basis. The amount 
of the license fee for the 2005-2006 fiscal year 
shall be as set forth in Section 2.27 of this Code, 
and such amount shall be adjusted for inflation 
commencing with the 2006-2007 fiscal year, and 
annually thereafter, in accordance with Section 
2.31 of this Code. (Added by Ord. 193-05, File No. 
051027, App. 7/29/2005) 

SEC. 1070.2. FILING. 

Every person desiring a permit pursuant to 
this Article shall file an application with the 
Entertainment Commission upon a form pro- 
vided by the Entertainment Commission and 
shall pay a filing fee. (Added by Ord. 555-81, 
App. 11/12/81; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1070.3. APPLICATION FORM. 

Operators under any permit issued pursuant 
to this Article shall be limited to the terms of the 
application. Except as otherwise provided herein, 
an application for a permit pursuant to the 
provisions of this Article shall specify: 

(a) The address of the location for which the 
permit is required, together with the business 
name of such location. 

(b) The name and proposed business ad- 
dress of the applicant. If the applicant is a 
corporation, the name of the corporation shall be 
set forth exactly as shown in its articles of 
incorporation; and the applicant shall also set 
forth the date and place of incorporation; the 
names and residence addresses of each of the 
officers, directors, and each stockholder owning 
more than 10 percent of the stock of the corpo- 



ration. If the applicant is a partnership, the 
application shall set forth the name and resi- 
dence address of each of the partners, including 
limited partners. If one or more of the partners is 
a corporation, the provisions of this Section per- 
taining to a corporate applicant apply. 

(c) Whether or not the applicant or any 
officer or director or member of applicant, as the 
case may be, has ever been convicted of any 
crime except misdemeanor traffic violations. In 
addition to the foregoing, any corporate appli- 
cant shall state whether or not any stockholder 
owning more than 10 percent of the stock of such 
corporation has ever been convicted of any crime 
except misdemeanor traffic violations. If any 
person mentioned in this subsection has been so 
convicted, a statement must be made giving the 
name of the person so convicted, the place and 
court in which the conviction was had, the spe- 
cific charge under which the conviction was 
obtained, and the sentence imposed as the result 
of said conviction. 

(d) The names and addresses of the persons 
who have authority or control over the place for 
which the permit is requested, and brief state- 
ment of the nature and extent of such authority 
and control. 

(e) Such information pertinent to the opera- 
tion of the proposed activity, including informa- 
tion as to management, authority, control, finan- 
cial agreements, and lease arrangements, that is 
reasonably related to the factual determinations 
this ordinance empowers the Chief to make in 
reviewing and acting upon permit applications 
as the Chief of Police may require of an applicant 
in addition to the other requirements of this 
Section. The foregoing examples are in explana- 
tion and not in limitation of the information 
which the Entertainment Commission may re- 
quire. 

(f) A business plan for the proposed extended- 
hours premises, specifying the days and hours of 
operation, the number of patrons, the numbers 
of employees and their duties, the identity of the 
manager or managers who shall be on premises 
during all hours of operation, the types or classes 
of entertainment (in terms of the types of instru- 



Sec. 1070.3. 



San Francisco - Police Code 



624 



ments, numbers of performers and sound levels) 
to be provided, and the amount of parking, both 
on-site and off-site, to be provided. If sound 
amplification is to be used, the plan shall also 
include a specific description of the amplification 
system. 

(g) The address to which notice, when re- 
quired, is to be sent or mailed, and the name and 
address of a person authorized to accept service 
of process, if not otherwise set forth herein. 

(h) Whether the application is for a new 
permit or for the renewal of an existing permit. 

(i) The Entertainment Commission may re- 
quire further information as he or she deems 
necessary. (Added by Ord. 252-70, App. 7/23/70; 
amended by Ord. 325-91, App. 9/4/91; Ord. 76-98, 
App. 3/6/98; Ord. 164-02, File No. 020783, App. 
7/26/2002) 

SEC. 1070.4. VERIFICATION OF 
APPLICATION. 

Every application for a permit under this 
Article shall be verified as provided in the Cali- 
fornia Code of Civil Procedure for the verification 
of pleadings. (Added by Ord. 252-70, App. 7/23/ 
70) 

SEC. 1070.5. DETERMINATION OF 
APPLICATION. 

(a) When an application is filed for a new 
permit under this Article, the Entertainment 
Commission shall fix a time and place for a 
public hearing thereon to determine whether 
issuance of the permit would result in any of the 
conditions set forth in Subsection (e). The hear- 
ing must be held within 45 working days of the 
date the completed application is received. 

(b) At the time of filing of an application, 
the applicant shall notify the Entertainment 
Commission of any outstanding requests for per- 
mits or approvals from other City departments 
relating to the premises of the proposed extended- 
hours premises. The Entertainment Commission 
shall notify those departments of the filing of the 
application. Those departments shall complete 
all necessary inspections and report their deter- 



minations to the Entertainment Commission 
within 20 working days of the filing of the 
application. 

(c) Not less than 30 days before the date of 
such hearing, the Entertainment Commission 
shall cause to be posted a notice of such hearing 
in a conspicuous place on the property in which 
or on which the proposed extended-hours pre- 
mises is to be operated. Such notice shall set 
forth the specific type of entertainment which 
the applicant intends to conduct. Such posting of 
notice shall be carried out by the Entertainment 
Commission, and the applicant shall maintain 
said notice as posted the required number of 
days. Notice of such hearing shall be mailed by 
the Chief of Police at least 30 days prior to the 
date of such hearing to any person who has filed 
a written request for such notice. 

(d) At the hearing, the applicant and any 
other interested party, including the Police De- 
partment or any other public agency, shall be 
allowed to introduce evidence and present argu- 
ment. The Entertainment Commission shall make 
a final decision upon the application at a public 
hearing, and shall notify the applicant, and any 
other interested party who has made a written 
request, of the final decision by first class mail. 

(e) No time limit shall commence running 
until the submission of a completed application. 
Upon the applicant's request, the Entertainment 
Commission shall continue the hearing to allow 
the applicant opportunity to comply with the 
requirements of this Article or any other State or 
local law. Upon the applicant's request, the En- 
tertainment Commission shall also issue a con- 
ditional approval of the permit application, pend- 
ing approval of the permit by other City agencies, 
if sufficient information has been provided to 
allow for adequate evaluation of the proposal 
and if grounds for denial, as set forth in Subsec- 
tion (f), are not present. 

(f) The Entertainment Commission shall 
grant a permit pursuant to this Article unless he 
or she finds that: 

(i) The building, structure, equipment or 
location of the proposed place of entertainment 
does not comply with or fails to meet all of the 



625 



Entertainment Regulations for Extended-Hours Premises 



Sec. 1070.12. 



health, zoning fire and safety requirements or 
standards of all the laws of the State of Califor- 
nia or ordinances of the City and County of San 
Francisco applicable to such business operation; 
or 

(ii) The building, structure, equipment or 
location of the proposed extended-hours pre- 
mises cannot adequately accommodate the type 
and volume of vehicle and pedestrian traffic 
anticipated; or 

(iii) The building, structure, equipment or 
location of the proposed extended-hours pre- 
mises lack adequate safeguards to prevent emis- 
sions of noise, glare, dust and odor that substan- 
tially interfere with the public health, safety and 
welfare or the peaceful enjoyment of neighboring 
property. 

(g) An applicant whose application for a 
permit has been denied pursuant to this Section 
may seek immediate judicial review pursuant to 
Code of Civil Procedure Section 1085 or Section 
1094.5. The applicant is not required to exhaust 
his or her administrative remedies before the 
Board of Appeals. (Added by Ord. 252-70, App. 
7/23/70; amended by Ord. 325-91, App. 9/4/91; 
Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 
020783, App. 7/26/2002; Ord. 216-02, File No. 
021460, App. 11/1/2002) 

SEC. 1070.6. PRIVATE CLUB. 

No establishment licensed pursuant to this 
Article may allow the premises to be used solely 
for the purpose of conducting a private club 
between the hours of 2:00 a.m. and 6:00 a.m. 
(Added by Ord. 252-70, App. 7/23/70) 

SEC. 1070.7. SOLICITATION OF DRINKS 
OR MERCHANDISE. 

(a) No operator of an extended-hours pre- 
mises shall employ or permit any hostess, enter- 
tainer, or person to solicit any patron or cus- 
tomer of or visitor in said extended-hours premises 
to purchase any beverage or merchandise for the 
one soliciting or for any other person. 

(b) No operator of an extended-hours pre- 
mises shall employ any hostess or entertainer for 
the purpose of procuring or encouraging the 



purchase or sale of beverages or merchandise, or 
pay any such hostess or entertainer a percentage 
or commission on the sale of beverages or mer- 
chandise for procuring or encouraging the pur- 
chase or sale of beverages or merchandise on 
said premises. (Amended by Ord. 306-73, App. 
8/6/73; Ord. 76-98, App. 3/6/98) 

SEC. 1070.8. SOLICITATION OF TRADE. 

No operator of an extended-hours premises 
shall permit or allow or cause any employee of 
the extended-hours premises to solicit by per- 
sonal solicitation or otherwise, or by means of 
any device whereby the voice of the person 
soliciting can be heard at or near such entrance. 
(Added by Ord. 252-70, App. 7/23/70; amended 
by Ord. 76-98, App. 3/6/98) 

SEC. 1070.9. PROCUREMENT. 

No person shall permit, procure, counsel, or 
assist any person to expose himself or herself. 
(Added by Ord. 252-70, App. 7/23/70) 

SEC. 1070.10. ATTIRE. 

No person shall enter, be, or remain in any 
establishment licensed pursuant to this Article 
or required to be licensed pursuant to this Ar- 
ticle, except when attired in such a manner that 
the pubic area, private parts, the crease of the 
buttocks are completely covered and are not 
visible to the human eye. (Added by Ord. 252-70, 
App. 7/23/70) 

SEC. 1070.11. LIGHTING. 

Every establishment licensed pursuant to 
this Article shall be lighted throughout an inten- 
sity of not less than 12 footcandles during all 
hours of operation. (Added by Ord. 252-70, App. 
7/23/70) 

SEC. 1070.12. MISCELLANEOUS RULES. 

No professional entertainer or employee may 
dance, unnecessarily converse, or associate with 
any customer on the premises in any extended- 
hours premises; provided, however, that a regu- 
larly scheduled audience participation type of 
entertainment may be presented during the time 
slated and in the manner described in an adver- 



Sec. 1070.12. 



San Francisco - Police Code 



626 



tisement posted in a regularly printed program. 
Provided, further, that a copy of said advertise- 
ment shall be received by the Entertainment 
Commission 24 hours prior to the conducting of 
said audience participation entertainment. (Added 
by Ord. 252-70, App. 7/23/70; amended by Ord. 
76-98, App. 3/6/98; Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 1070.13. BOOTHS. 

It shall be unlawful for any person operating 
an extended-hours premises under the provi- 
sions of this Article, in the City and County of 
San Francisco, or any agent, employee or repre- 
sentative thereof, to erect, construct, maintain, 
or cause or permit to be erected, constructed or 
maintained, within such extended-hours pre- 
mises any private rooms, booths, enclosures or 
compartments, or any closed stalls, or any al- 
coves of any nature, so arranged that the inner 
portion of the same shall not at all times be 
visible from any point in the extended-hours 
premises where such rooms, booths, enclosures, 
compartments, stalls, or alcoves should be rea- 
sonably within view. (Added by Ord. 252-70, App. 
7/23/70; amended by Ord. 76-98, App. 3/6/98) 

SEC. 1070.14. POLICE; INSPECTION. 

The Police Department, in addition to its 
several other duties, shall inspect any and all 
establishments licensed pursuant to this Article. 
(Added by Ord. 252-70, App. 7/23/70) 

SEC. 1070.15. NOISE ABATEMENT. 

Whenever, upon due notice and hearing, it 
shall be determined that noise from any estab- 
lishment licensed under this Article interfered 
with the right of persons dwelling in the vicinity 
of such establishment to the peaceful and quiet 
use and enjoyment of their property, the Enter- 
tainment Commission may require that the pre- 
mises be soundproofed in a manner that in the 
judgment of the Entertainment Commission will 
be effective to eliminate the noise or reduce it to 
a reasonable level. In taking any action under 
this Section, the Entertainment Commission must 
balance all of the interests of the respective 
parties, as well as the hardship which will result 



from any order, if the Entertainment Commis- 
sion finds that the noise complained of is of a 
minimum or unconsequential degree, no action 
shall be taken under this Article. If a licensee 
fails, within a reasonable time and in no event 
more than 60 days after having been ordered to 
do so pursuant to this Article, to take such steps 
as were ordered to abate any noise, his license 
shall be suspended after a second hearing, due 
notice of which is given, until such time as he 
complies with the order. (Added by Ord. 252-70, 
App. 7/23/70; amended by Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1070.16. MINORS. 

Except as provided in this Section, no person 
under 21 years of age shall enter, be, or remain 
in or on any premises operated as an extended- 
hours premises. A licensee shall not permit such 
a person to enter, be, or remain in or on any such 
premises except on Friday and Saturday nights 
there shall be a one-half hour grace period, until 
2:30 a.m., for the departure from extended-hours 
premises of persons 18 to 21 years of age. (Added 
by Ord. 252-70, App. 7/23/70; amended by Ord. 
192-89, App. 6/5/89; Ord. 76-98, App. 3/6/98) 

SEC. 1070.17. SUSPENSION AND 
REVOCATION. 

(a) Any permit issued under the terms of 
this Article may be suspended at any time by the 
Entertainment Commission if the Entertain- 
ment Commission determines after a noticed 
public hearing that any of the following condi- 
tions exist: 

(1) The building, structure, equipment or 
location of the proposed extended-hours pre- 
mises does not comply with or fails to meet all of 
the health, zoning, fire and safety requirements 
or standards of all the laws of the State of 
California or ordinances of the City and County 
of San Francisco applicable to such business 
operation; or 

(2) The establishment has been operated in 
a manner that has harmed the public health, 
safety or welfare by significantly increasing pe- 
destrian traffic, the incidence of disorderly con- 
duct, or the level of noise in the area in which the 



627 



Entertainment Regulations for Extended-Hours Premises 



Sec. 1070.19. 



premises are located, and the permittee has 
failed, after being requested by the Police De- 
partment or Entertainment Commission to do 
so, to take reasonable steps to alleviate these 
conditions, such as providing additional off- 
street parking, security, soundproofing, restroom 
facilities, or refuse containers; or 

(3) The proprietor or persons in charge 
thereof have violated, permitted the violation, or 
failed to take reasonable steps, after being re- 
quested by the Police Department or Entertain- 
ment Commission to do so, to halt violations on 
the premises or in connection with the operation 
of the establishment, of any following laws of the 
State of California: Penal Code Sections 266h, 
266i, 315, 316, 330, 337a, 657(b); Business and 
Professions Code Sections 23300, 25602, 25631, 
25657, 25658; Health and Safety Code Sections 
11351, 11352, 11359, 11360, 11378, 11379, 11378.5, 
11379.5; or, the proprietor or persons in charge 
thereof have implemented, maintained or per- 
mitted any admission or related policy or prac- 
tice which violates Section 3305 of the San 
Francisco Police Code. 

(4) The proprietor or persons in charge 
thereof have violated or permitted the violation 
of any other provision of this Article or of the 
permit, on the premises or in connection with the 
operation of the establishment. 

(b) The penalty for the first violation under 
Subsection (a) within a period of six months shall 
be suspension of said permit for a period of 30 
days. The penalty for the second violation within 
a period of six months shall be suspension of said 
permit for a period of 60 days. The penalty for 
the third and subsequent violations within a 
period of six months shall be suspension of said 
permit for a period of 90 days. For the purposes 
of this Subsection, calculation of the six months 
shall not include any period of time during which 
the permit was suspended. 

(c) Any permit issued under the terms of 
this Article may be revoked at any time by the 
Entertainment Commission if it determines af- 
ter a noticed public hearing that any of the 
following conditions exist: 

(1) The permittee has knowingly made any 
false, misleading or fraudulent statement of ma- 
terial fact in the application for a permit; 



(2) The permittee has failed to pay any fee 
or charge required under this Article; or 

(3) The permittee has permanently ceased 
operation of the business. 

(d) A revocation pursuant to Subsection (c) 
shall not prejudice the right of an applicant to 
apply for a new permit. 

(e) The Entertainment Commission may not 
consider any request for emergency medical or 
ambulance services to treat a permittee's pa- 
trons as a basis for suspending a permit pursu- 
ant to subdivision (a). (Added by Ord. 252-70, 
App. 7/23/70; amended by Ord. 325-91, App. 
9/4/91; Ord. 76-98, App. 3/6/98; Ord. 81-00, File 
No. 000390, App. 5/5/2000; Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1070.18. FORFEITURE OF FEE. 

On revocation of the permit, no part of the 
permit fee shall be returned, but the said permit 
fee shall be forfeited to the City and County of 
San Francisco. (Added by Ord. 252-70, App. 
7/23/70) 

SEC. 1070.19. EXCEPTIONS. 

(a) The Entertainment Commission may 
grant an exception to an extended-hours pre- 
mises as defined herein from the provisions of 
Sections 1070.11, 1070.13 and 1070.16 relating 
to lighting of the premises, booths and minors 
being on the premises if the Entertainment Com- 
mission shall find that the extended-hours pre- 
mises is used exclusively for any of the following 
purposes: 

(1) A bona fide public eating place as de- 
fined herein to which a public eating place per- 
mit has been issued by the Department of Public 
Health. 

(2) A place of entertainment that has no 
liquor license. 

(3) An extended-hours premises that is op- 
erated by any public agency or by any educa- 
tional, recreational or social agency, or by any 
bona fide fraternal, charitable, or religious or 
benevolent or any other nonprofit organization 
having a regular membership association prima- 
rily for mutual social, mental, political and civic 



Sec. 1070.19. 



San Francisco - Police Code 



628 



welfare, to which admission is limited to mem- 
bers and guests and revenue accruing therefrom 
is used exclusively for the benevolent purposes of 
said organization and which organization or 
agency is exempt from taxation under the Inter- 
nal Revenue laws of the United States as a bona 
fide fraternal, charitable, religious, benevolent 
or nonprofit organization. 

(b) Any determination as to the exception 
status of any applicant pursuant to this Section 
shall be made by the Entertainment Commis- 
sion. 

(c) A decision by the Entertainment Com- 
mission denying the exception from the regula- 
tions shall be final except that an appeal there- 
from may be taken within 10 days to the Board of 
Review created by Ordinance No. 245-68. The 
Board of Review will consist of the Director of 
Administrative Services, the Controller and As- 
sessor-Recorder. Any member of the Board may 
deputize in writing, filed with the Board, any 
member of his office to serve in his place on such 
Board or in such hearing as he may desire. A 
majority of the members of the Board shall 
constitute a quorum. 

(d) The Board, in addition to its several 
other duties, shall have the power and it shall be 
its duty to hear and determine appeals from the 
decisions of the Entertainment Commission made 
upon petition for an exception from the regula- 
tions. The Board may affirm or reverse such 
decision by the Entertainment Commission or 
dismiss the appeals therefrom as may be just, 
and shall prescribe such forms, rules and regu- 
lations relating to appeals as it may deem nec- 
essary. In the review of the decision by the 
Entertainment Commission the Board may take 
such evidence and make such investigation as it 
may deem necessary. It shall give notice of its 
determinations in writing to the petitioner and 
shall file a copy of each determination with the 
Entertainment Commission. The determination 
shall become final 10 days thereafter. If the 
Board of Review concurs with the determination 
of the Entertainment Commission, the regula- 
tions shall become effective as an order or deci- 
sion of the Entertainment Commission. If the 



Board of Review overrules the order or decision 
of the Entertainment Commission, the regula- 
tions shall not be enforced by the Entertainment 
Commission. (Added by Ord. 252-70, App. 7/23/ 
70; amended by Ord. 76-98, App. 3/6/98; Ord. 
164-02, File No. 020783, App. 7/26/2002; Ord. 
47-04, File No. 032029, App. 4/1/2004) 

SEC. 1070.20. LIMITED SUSPENSION. 

Any permit issued under the terms of this 
Article may be suspended for a period of 30 days 
by the Entertainment Commission if the Enter- 
tainment Commission determines after a noticed 
hearing that violation of the regulations or any 
provisions of the Municipal Code has occurred. 
(Added by Ord. 252-70, App. 7/23/70; amended 
by Ord. 164-02, File No. 020783, App. 7/26/2002) 

SEC. 1070.20-1. LICENSE FEES. 

Every permittee who conducts, permits or 
assists in conducting or permitting any extended- 
hours premises as defined, shall pay to the Tax 
Collector an annual license fee, payable in ad- 
vance. 

The license fee prescribed in this Section is 
due and payable on a calendar year basis start- 
ing 90 days after the effective date of this Article, 
prorated with regard to the calendar year on a 
monthly basis. Fees for new licenses issued after 
the first day of January, 1971, or in any subse- 
quent calendar year shall be prorated with re- 
gard to the calendar year on a monthly basis. 
(Amended by Ord. 555-81, App. 11/12/81; Ord. 
76-98, App. 3/6/98) 

SEC. 1070.21. STAY ORDERS. 

Notwithstanding Section 8, Part III, of the 
San Francisco Municipal Code, the action of the 
Entertainment Commission in suspending a per- 
mit for a period not to exceed 30 days shall not be 
suspended by an appeal to the Board of Appeals. 
(Added by Ord. 252-70, App. 7/23/70; amended 
by Ord. 76-98, App. 3/6/98; Ord. 164-02, File No. 
020783, App. 7/26/2002) 

SEC. 1070.22. TRANSFER OF PERMIT. 

No permit shall be transferable except with 
the written consent of the Entertainment Com- 



629 



Entertainment Regulations for Extended-Hours Premises 



Sec. 1070.27. 



mission. An application for such a transfer shall 
be in writing and shall be accompanied by the 
same filing fee as for an initial application. The 
written application for such transfer shall con- 
tain the same information as requested herein 
for an initial application for such a permit. 
(Amended by Ord. 555-81, App. 11/12/81; Ord. 
164-02, File No. 020783, App. 7/26/2002) 

SEC. 1070.23. PERMIT REQUIRED. 

All premises operating as an extended-hours 
premises as defined in Section 1070(a) herein are 
required to conform with all provisions con- 
tained in Sections 1070 through 1070.17 of this 
Article within 90 days of the effective date thereof, 
unless excepted pursuant to Section 1070.19; 
failure so to do shall make continued operation of 
said extended-hours premises establishment a 
violation of Section 1070.24 hereof. 

New permits must be obtained from the 
Entertainment Commission as Sections 1070.1, 
1070.2, 1070.3 and 1070.4 hereof provide. (Added 
by Ord. 252-70, App. 7/23/70; amended by Ord. 
76-98, App. 3/6/98; Ord. 164-02, File No. 020783, 
App. 7/26/2002) 

SEC. 1070.24. PENALTY. 

Any person who violates any provisions of 
this Article shall be deemed guilty of a misde- 
meanor and upon conviction such person shall be 
punished by a fine of not to exceed $1,000 or by 
imprisonment in the County Jail for a period not 
to exceed six months, or by both such fine and 
imprisonment. (Added by Ord. 251-70, App. 7/23/ 
70) 

SEC. 1070.25. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Article or any part 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause or phrase thereof irrespective of the fact 



that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, clauses or 
phrases be declared unconstitutional or invalid 
or ineffective. (Added by Ord. 252-70, App. 7/23/ 
70) 

SEC. 1070.26. MORATORIUM ON THE 
GRANTING OF PERMITS. 

Notwithstanding any provision of this Code, 
neither the Chief of Police, nor the Board of 
Appeals on appeal, shall grant or issue to any 
person a permit to own, conduct, operate, main- 
tain or to participate therein, or to cause or 
permit to be conducted, operated or maintained, 
any extended-hours premises in the Moratorium 
Area described below in Subsection (a). 

(a) Moratorium Area Described. The 
"Moratorium Area" includes the area bounded by 
Bush Street to the North, O'Farrell Street to the 
South, Taylor Street to the East, and Van Ness 
Avenue to the West, including the properties 
fronting on each side of O'Farrell, Bush, and 
Taylor Streets, but not including the properties 
fronting Van Ness Avenue. 

(b) Sunset Provision. The moratorium pro- 
vided by this ordinance shall expire on December 
31, 2000 unless repealed or further extended by 
ordinance. (Added by Ord. 75-98, App. 3/6/98; 
amended by Ord. 217-00, File No. 001313, App. 
9/8/2000) 

SEC. 1070.27. EARPLUGS AND FREE 
DRINKING WATER. 

If the location for which the extended hours 
premises permit is issued holds over 500 persons 
and contains a dance floor or other place prima- 
rily designated for dancing, the permit holder 
shall provide: 

(a) Free cool drinking water to patrons by 
means of an automatic drinking fountain or by 
providing cups of water at all beverage service 
locations, or both; and 

(b) Earplugs for free, or for sale on the 
premises at a reasonable price. (Added by Ord. 
176-00, File No. 000477, App. 7/28/2000; amended 
by Ord. 215-02, File No. 021459, App. 11/1/2002) 



Sec. 1070.27. San Francisco - Police Code 630 



[The next page is 643] 



ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES 



Sec. 1071. Definition. 
Sec. 1071.1. Prohibition. 

Sec. 1071.2. Employment or Payment Not 

Necessary For Offense. 
Sec. 1071.3. Counseling or Assisting. 
Sec. 1071.4. Exceptions. 
Sec. 1071.5. Severability. 
Sec. 1071.6. Penalty. 

SEC. 1071. DEFINITION. 

For the purpose of this Article, the following 
words and phrases shall mean and include: 

(a) Theater. A building, playhouse, room, 
hall or other place having a permanent stage 
upon which movable scenery and theatrical or 
vaudeville or similar performances are given, 
with permanently affixed seats so arranged that 
a body of spectators can have an unobstructed 
view of the stage, whose primary function is to 
give such performance. (Added by Ord. 260-73, 
App. 7/5/73) 

SEC. 1071.1. PROHIBITION. 

Every person is guilty of a misdemeanor who, 
while acting as a waiter, waitress or entertainer 
in an establishment which serves food, bever- 
ages, or food and beverages, including but not 
limited to, alcoholic beverages; (a) exposes his or 
her genitals, pubic hair, buttocks, natal cleft, 
perineum, anal region or pubic hair region; or (b) 
exposes or employs any device, costume or cover 
which gives the appearance of or simulates the 
genitals, pubic hair, buttocks, natal cleft, 
perineum, anal region or pubic hair region; or (c) 
exposes any portion of the female breast at or 
below the areola thereof; or (d) employs any 
device or covering which is intended to simulate 
such portion of the breast. (Added by Ord. 260- 
73, App. 7/5/73) 

SEC. 1071.2. EMPLOYMENT OR 
PAYMENT NOT NECESSARY FOR 
OFFENSE. 

A person shall be deemed to be a waiter, 
waitress, or entertainer if such person acts in 



that capacity without regard to whether or not 
such person is paid any compensation by the 
management of the establishment in which the 
activity is performed. (Added by Ord. 260-73, 
App. 7/5/73) 

SEC. 1071.3. COUNSELING OR 
ASSISTING. 

Every person is guilty of a misdemeanor who 
permits, counsels, or assists any person to vio- 
late any provision of this Article. (Added by Ord. 
260-73, App. 7/5/73) 

SEC. 1071.4. EXCEPTIONS. 

This Article does not apply to: (a) a theater, 
concert hall, or similar establishment which is 
primarily devoted to theatrical performances; (b) 
any act authorized or prohibited by any state 
statute; (c) entertainment as defined in Section 
1060(e), Article 15.1 of this Code, and as regu- 
lated by Section 1060.9.1 of said Code. (Added by 
Ord. 260-73, App. 7/5/73) 

SEC. 1071.5. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article, 
or application thereof to any person or circum- 
stances, is for any reason held to be unconstitu- 
tional or invalid or ineffective by any court of 
competent jurisdiction, such decision shall not 
affect the validity or effectiveness of the remain- 
ing portions of this ordinance or any part thereof. 
The Board of Supervisors hereby declares that it 
would have passed each section, subsection, sub- 
division, paragraph, sentence, clause or phrase 
thereof, irrespective of the fact that any one or 
more sections, subsections, subdivisions, para- 
graphs, sentences, clauses or phrases be de- 
clared unconstitutional or invalid or ineffective. 
(Added by Ord. 260-73, App. 7/5/73) 

SEC. 1071.6. PENALTY. 

A violation of this Article is punishable by a 
fine not exceeding $500 or by imprisonment in 



643 



Sec. 1071.6. San Francisco - Police Code 644 

the County Jail for not exceeding six months, or 
by both such fine and imprisonment. (Added by 
Ord. 260-73, App. 7/5/73) 



[The next page is 651] 



ARTICLE 15.4: ENCOUNTER STUDIOS 



Sec. 1072.1. 

Sec. 1072.2. 

Sec. 1072.3. 

Sec. 1072.4. 

Sec. 1072.5. 

Sec. 1072.6. 

Sec. 1072.7. 

Sec. 1072.8. 

Sec. 1072.9. 

Sec. 1072.10. 



Sec. 1072.11. 

Sec. 1072.12. 

Sec. 1072.13. 

Sec. 1072.14. 

Sec. 1072.15. 

Sec. 1072.16. 

Sec. 1072.17. 

Sec. 1072.18. 

Sec. 1072.19. 

Sec. 1072.20. 

Sec. 1072.21. 

Sec. 1072.22. 

Sec. 1072.23. 

Sec. 1072.24. 

Sec. 1072.25. 

Sec. 1072.26. 

Sec. 1072.27. 



Definitions. 

Permit Required. 

Employee Permit Required 

Display. 

Filing and Fee Provision. 

Employee Permit. 

Application for Encounter 

Studio Permit. 

Application For Employee of an 

Encounter Studio. 

Verification of Application. 

Corporate, Applicants; 

Exemption. 

Corporate Permittee; 

Maintenance of Stock Register; 

Report. 

Notice of Hearing. 

Referral of Application to Other 

Departments. 

Issuance of Permit For an 

Encounter Studio. 

Applications Barred For One 

Year. 

Issuance of Employee Permits. 

Revocation or Suspension of 

Permit. 

Employment of Persons Under 

the Age of 18 Prohibited. 

Age of Customer. 

Sale or Transfer. 

Name and Place of Business 

Change of Location. 

Display of Permit. 

Inspection. 

Daily Register. 

Prohibited Activities. 

Solicitation of Trade. 

Lighting. 

Noise. 



Sec. 


1072.28. 


Booths and Cubicles. 


Sec. 


1072.29. 


Hours of Operation. 


Sec. 


1072.30. 


Signs Regulated. 


Sec. 


1072.31. 


Signs; Continued. 


Sec. 


1072.32. 


Signs Required. 


Sec. 


1072.33. 


Entertainment, Visibility from 
the Street. 


Sec. 


1072.34. 


Advertising. 


Sec. 


1072.35. 


Locked Doors. 


Sec. 


1072.36. 


Counseling or Assisting. 


Sec. 


1072.37. 


Exemptions. 


Sec. 


1072.38. 


Exemptions Continued. 


Sec. 


1072.39. 


Exemptions Continued. 


Sec. 


1072.40. 


License Fees. 


Sec. 


1072.40-1. Employee License. 


Sec. 


1072.41. 


Transfer or Assignment of 
Permit. 


Sec. 


1072.42. 


Penalty, Misdemeanor or 
Infraction. 


Sec. 


1072.43. 


Penalty Limited Suspension or 
Revocation. 


Sec. 


1072.44. 


Time Limit For Obtaining 
Permit. 


Sec. 


1072.45. 


Severability. 



SEC. 1072.1. DEFINITIONS. 

For the purposes of this Article, the following 
words and phrases shall mean and include: 

(a) Theater. A building, playhouse, room, 
hall, or other place having therein a permanent 
stage upon which movable scenery is or may be 
placed and upon which theatrical or vaudeville 
or similar performances are given, with seats so 
arranged in proximity to such stage that a body 
of spectators may have an unobstructed view of 
said stage, the primary function of which is to 
serve as the locale of such performance. 

(b) Encounter Studio. An establishment 
to which patrons or members are invited and is 
so arranged as to provide booths, cubicles, room 



651 



Sec. 1072.1. 



San Francisco - Police Code 



652 



or rooms, compartments or stalls wherein an 
entertainer provides entertainment as defined 
herein to patrons or members or groups of mem- 
bers or patrons within the aforesaid booths, 
cubicles, room or rooms, compartments or stalls. 

(c) Entertainment. Any act, play, review, 
pantomime, scene, song, dance act, song and 
dance act, modeling, conversation, appearance 
or any other live act, demonstration, exhibition, 
or poetry recitation, conducted or participated in 
by any person in or upon any premises to which 
patrons or members are admitted. "Entertain- 
ment" also includes a fashion or style show, 
except when conducted by a bona fide nonprofit 
club or organization as part of the social activi- 
ties of such club or organization, and when 
conducted solely as a fund-raising activity for 
charitable purposes. 

"Entertainment," in addition, is defined to 
mean and include the playing upon or use of any 
instrument that is capable of or can be used to 
produce musical sounds or percussion sounds, 
including but not limited to reed, brass, percus- 
sion or stringlike instruments; provided, further, 
that "entertainment" is defined to mean any 
instrument or device capable of producing or 
reproducing sound. 

(d) Person. An individual, firm, partner- 
ship, joint adventure, association, social club, 
fraternal organization, joint stock company, cor- 
poration, estate, trust, business trust, receiver, 
trustee, syndicate, or any other group or combi- 
nation acting as a unit, excepting the United 
States of America, the State of California, and 
any political subdivision of either thereof. 

(e) Operator. Any person operating an En- 
counter Studio, including but not limited to the 
owner or proprietor of the premises upon which 
it is located, and the lessee, sublessee, or mort- 
gagee in possession. 

(f) Bona Fide Nonprofit Clubs or Orga- 
nizations. Any fraternal charitable, religious or 
benevolent, or any other nonprofit organization, 
having a regular membership association prima- 
rily for mutual social, mental, political and civil 
welfare to which admission is limited to mem- 
bers and guests and revenue accruing therefrom 



to be used exclusively for the benevolent pur- 
poses of said organization and which organiza- 
tion or agency is exempt from taxation under the 
Internal Revenue Laws of the United States as a 
bona fide fraternal, charitable, religious, benevo- 
lent or nonprofit organization. 

(g) Entertainer. An entertainer, for the 
purposes of this Article, is any person who per- 
forms any act enumerated in Section 1072.1(c) of 
this Article within an Encounter Studio whether 
for any consideration or not. 

(h) Employee. Any and all persons who 
work in or about or render any services whatso- 
ever to the patrons or customers of an Encounter 
Studio and who receives compensation for such 
service. 

(i) Specified Sexual Activities. (1) Hu- 
man genitals in a state of sexual stimulation or 
arousal; (2) Acts of human masturbation, sexual 
intercourse or sodomy; and (3) Fondling or other 
erotic touching of human genitals, pubic region, 
buttock or female breast. 

(j) Specified Anatomical Areas. (1) Less 
than completely and opaquely covered: (a) hu- 
man genitals, pubic hair, buttock, natal cleft, 
perineum, anal region, and (b) female breast at 
or below the areola thereof; and (2) Human male 
genitals in a discernibly turgid state, even if 
completely and opaquely covered. (Added by Ord. 
241-77, App. 6/17/77) 

SEC. 1072.2. PERMIT REQUIRED. 

It shall be unlawful for any person to engage 
in, conduct or carry on, or to permit to be 
engaged in, conducted or carried on, in or upon 
any premises in the City and County of San 
Francisco, the operation of an Encounter Studio 
as herein defined, without first having obtained 
a permit from the Police Department. (Added by 
Ord. 241-77, App. 6/17/77) 

SEC. 1072.3. EMPLOYEE PERMIT 
REQUIRED DISPLAY. 

It shall be unlawful for any entertainer or 
other employee to work in or about, or to perform 



653 



Encounter Studios 



Sec. 1072.6. 



any services for a customer of an Encounter 
Studio without first securing a permit from the 
Chief of Police. 

Every person to whom an employee permit is 
granted pursuant to the provisions of this Article 
shall display said permit in plain view on his 
person at all times while on an Encounter Studio 
premises in such a manner that the same may be 
readily seen by customers on the premises. Said 
permit shall contain a recent photograph of the 
entertainer as well as said entertainer's name 
and permit number. (Added by Ord. 241-77, App. 
6/17/77) 

SEC. 1072.4. FILING AND FEE 
PROVISION. 

Every applicant desiring a permit to main- 
tain, operate or conduct an Encounter Studio 
shall file an application with the Chief of Police 
upon a form provided by said Chief of Police and 
pay a filing fee which shall not be refundable. 
Each such applicant shall pay an additional fee 
of $500 which shall be used by the Chief of Police 
to investigate said applicant's application as 
provided in Section 1072.6 herein. Any unused 
portion of such additional fee shall be returned to 
the applicant at the conclusion of the hearing on 
his application provided by Section 1072.1. 
(Amended by Ord. 555-81, App. 11/12/81) 

SEC. 1072.5. EMPLOYEE PERMIT. 

Application to Chief of Police. Every appli- 
cant for an Employee Permit for an Encounter 
Studio shall file an application with the Chief of 
Police on a form provided by said Chief of Police 
and pay a filing fee which shall not be refund- 
able. Said applicant shall file for a permit within 
30 days of the effective date of this Article. 
(Amended by Ord. 555-81, App. 11/12/81) 

SEC. 1072.6. APPLICATION FOR 
ENCOUNTER STUDIO PERMIT. 

The application for a permit to operate an 
Encounter Studio shall set forth the proposed 
place of business and facilities therefor and the 
name and address of each applicant. 



In addition to the foregoing, any applicant for 
a permit shall furnish the following information: 

(a) The two previous addresses immedi- 
ately prior to the present address of the appli- 
cant. 

(b) Written proof that the applicant is at 
least 18 years of age. 

(c) Applicant's height, weight, color of eyes 
and hair. 

(d) Three portrait photographs at least 2"x2". 

(e) Business, occupation, or employment of 
the applicant for the three years immediately 
preceding the date of application. 

(f) All criminal convictions except minor 
traffic violations. 

(g) If the applicant is a corporation, the 
name of the corporation shall be set forth exactly 
as shown in its articles of incorporation together 
with the names and residence addresses of each 
of the officers, directors, and each stockholder 
holding more than 10 percent of the stock or 
beneficial ownership of the corporation. If the 
applicant is a partnership, the application shall 
set forth the name and the residence addresses 
of each of the partners, including limited part- 
ners. If one or more of the partners is a corpora- 
tion, the provisions of this Section pertaining to 
a corporate applicant apply. 

(h) Whether applicant or any other person 
who will be directly engaged in the management 
or operation of the Encounter Studio has been 
previously granted permits or licenses to engage 
in a business or occupation by the State of 
California or by the City and County of San 
Francisco, any of which permits or licenses has/ 
have been revoked by the granting authority 
because of violation of law or violation of rules 
promulgated by the regulating agency where the 
issuing agency or the regulating agency is either 
the Alcoholic Beverage Control Commission or 
the San Francisco Police Department. The Chief 
of Police shall not take into account such revoca- 
tion if the applicant suffered such revocation at 
least three years prior to the date of the applica- 
tion. 



Sec. 1072.6. 



San Francisco - Police Code 



654 



(i) Such other identification and informa- 
tion necessary to discover the truth of the mat- 
ters hereinbefore specified as required to be set 
forth in the application. 

(j) Nothing contained herein shall be con- 
strued to deny to the Chief of Police the right to 
take the fingerprints and additional photo- 
graphs of the applicant, nor shall anything con- 
tained herein be construed to deny the right of 
said Chief of Police to confirm, by independent 
investigation, the truth and accuracy of the above 
information. (Added by Ord. 241-77, App. 6/17/ 
77) 

SEC. 1072.7. APPLICATION FOR 
EMPLOYEE OF AN ENCOUNTER 
STUDIO. 

The employee of an Encounter Studio filing 
for a permit shall furnish the following informa- 
tion: 

(a) Name. 

(b) Residence address. 

(c) Encounter Studio in which the employee 
is currently working. 

(d) Two previous addresses immediately prior 
to the present address of the applicant. 

(e) Applicant's weight, height, color of eyes 
and hair. 

(f) Written proof that applicant is at least 
18 years of age. 

(g) Three portrait photographs of at least 2" 
x 2". 

(h) Previous employment of the applicant 
for three years immediately preceding the date 
of application. 

(i) All criminal convictions except minor traf- 
fic violations. 

(j) Such other identification and informa- 
tion necessary to discover the truth of the mat- 
ters hereinbefore specified. 

(k) Whether applicant or any other person 
who will be directly engaged in the management 
and operation of the Encounter Studio has been 
previously granted permits or licenses to engage 
in a business or occupation by the State of 



California or the City and County of San Fran- 
cisco, any of which permits or licenses has/have 
been revoked by the granting authority. 

(1) Nothing contained herein shall be con- 
strued to deny the Chief of Police the right to 
take the fingerprints and additional photo- 
graphs of the applicant, nor shall anything con- 
tained herein be construed to deny the right of 
said Chief of Police to confirm, by independent 
investigation, the truth and accuracy of the above 
information. (Added by Ord. 241-77, App. 6/17/ 
77) 

SEC. 1072.8. VERIFICATION OF 
APPLICATION. 

Every application for a permit under this 
Article shall be verified as provided in the Code 
of Civil Procedure of the State of California for 
the verification of pleadings. (Added by Ord. 
241-77, App. 6/17/77) 

SEC. 1072.9. CORPORATE, 
APPLICANTS; EXEMPTION. 

The provisions of Section 1072.6(a), (b), (c), 
(d), (e) and (f) entitled "Application for Permit" 
relating to requirement for corporate applicants 
shall not apply to any of the following: 

(1) A corporation, the stock of which is listed 
on a stock exchange in the State of California or 
the City of New York, State of New York. 

(2) A bank, trust company, financial institu- 
tion or title company to which application is 
made or to whom a license is issued in a fiduciary 
capacity. 

(3) A corporation which is required by law 
to file periodic reports with the Securities and 
Exchange Commission. (Added by Ord. 241-77, 
App. 6/17/77) 

SEC. 1072.10. CORPORATE PERMITTEE; 
MAINTENANCE OF STOCK REGISTER; 
REPORT. 

(A) Any corporation holding a permit under 
this Article shall maintain a stock register at the 
principal office of the corporation in San Fran- 
cisco and the stock register shall be available to 



655 



Encounter Studios 



Sec. 1072.13. 



the Police Department for inspection. Such cor- 
poration shall report to the department in writ- 
ing any of the following: 

(1) Issuance or transfer of any shares of 
stock or beneficial ownership thereof to any 
person where the issuance or transfer results in 
the person owning 10 percent or more of the 
corporate stock. 

(2) Change in any of the corporate officers 
which are required by Section 821 of the Corpo- 
rations Code. 

(3) Change of the members of its Board of 
Directors. 

The report shall be filed with the Police 
Department within 30 days after the issuance or 
transfer of corporate stock or beneficial owner- 
ship thereof, change in corporate officers, or 
change in members of the Board of Directors, as 
the case may be. 

(B) The provisions of this Section shall not 
apply to any of the following: 

(1) A corporation, the stock of which is listed 
on a stock exchange in this state or in the City of 
New York, State of New York. 

(2) A bank, trust company, financial institu- 
tion or title company to which a permit is issued 
in a fiduciary capacity. 

(3) A corporation which is required by law 
to file periodic reports with the Securities and 
Exchange Commission. (Added by Ord. 241-77, 
App. 6/17/77) 

SEC. 1072.11. NOTICE OF HEARING. 

When an application is filed for a permit 
under this Article, the Chief of Police shall fix a 
time and place for a public hearing thereon. Not 
less than 10 days before the date of such hearing, 
the Chief of Police shall cause to be posted a 
notice of such hearing in a conspicuous place on 
the property in which or on which the proposed 
Encounter Studio is to be operated. Such posting 
of notice shall be carried out by the Chief of 
Police, and the applicant shall maintain said 
notice as posted for the required number of days. 
(Added by Ord. 241-77, App. 6/17/77) 



SEC. 1072.12. REFERRAL OF 
APPLICATION TO OTHER 
DEPARTMENTS. 

The Chief of Police, upon receiving an appli- 
cation for an Encounter Studio permit, shall 
refer the application to the Bureau of Building 
Inspection, the Fire Department, and the City 
Planning Department which departments shall 
inspect the premises proposed to be operated as 
an Encounter Studio and shall make written 
recommendations to the Chief of Police concern- 
ing compliance with the codes that they admin- 
ister. (Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.13. ISSUANCE OF PERMIT 
FOR AN ENCOUNTER STUDIO. 

The Chief of Police shall issue a permit 
within 14 days following a hearing if all require- 
ments for an Encounter Studio described in this 
Article are met and shall issue a permit to all 
persons who apply to perform Encounter Studio 
services unless he finds: 

(1) That the operation as proposed by the 
applicant if permitted would not have complied 
with all applicable laws, including, but not lim- 
ited to the Building, City Planning, Housing and 
Fire Code of the City and County of San Fran- 
cisco or regulations by the Chief of Police. 

(2) That the operation as proposed by the 
applicant if permitted would not result in a 
density of more than one Encounter Studios, 
Massage Establishments, Adult Theaters or Adult 
Bookstores within an area of 500 square feet of 
the premises for which a permit is sought. 

(3) That the applicant and any other person 
who will be directly engaged in the management 
and operation of an Encounter Studio has been 
convicted of any of the following offenses or 
convicted of an offense within, or without the 
State of California that would have constituted 
any of the following offenses if committed within 
the State of California: 

(a) An offense involving conduct which re- 
quires registration pursuant to Section 290 of 
the Penal Code; 

(b) An offense involving the use of force and 
violence upon the person of another. 



Sec. 1072.13. 



San Francisco - Police Code 



656 



(c) An offense involving sexual misconduct 
with children; 

(d) An offense as defined in Sections 311, 
647(a), 647a, 647(b), 315, 316, 318 or 266 through 
267 inclusive of the Penal Code of the State of 
California; 

(e) The applicant has had revoked his li- 
cense or permit issued by either the Alcoholic 
Beverage Control Commission of the State of 
California or the San Francisco Police Depart- 
ment. 

(4) That the applicant or any other person 
who will be directly engaged in the management 
and operation of the Encounter Studio has had a 
permit or license to engage in a business or 
occupation granted by the State of California or 
the City and County of San Francisco revoked by 
the granting authority. 

The Chief of Police shall issue a permit to any 
person convicted of any of the crimes described 
in Subsections (3a), (3b), (3c), (3d), or (3e) of this 
Section or subjected to a license or permit revo- 
cation as described in Subsection (4) of this 
Section if he finds that the termination of any 
disability resulting from such conviction or revo- 
cation occurred at least three years to the date of 
the application and the applicant has had no 
subsequent felony convictions of any nature, no 
subsequent misdemeanor convictions for crimes 
mentioned in this Section and no permit or 
license revocations as mentioned in Subsection 
(4) of this Section. (Added by Ord. 241-77, App. 
6/17/77) 

SEC. 1072.14. APPLICATIONS BARRED 
FOR ONE YEAR. 

Whenever any application is filed for a per- 
mit under this Article and said application has 
been denied by the Chief of Police, or a permit 
issued under this Article has been revoked, and 
no appeal has been taken to the Board of Permit 
Appeals or when any appeal from such denial or 
revocation has been taken to the Board of Permit 
Appeals and said Board has concurred in the 
judgment or order of denial or revocation, said 
application for said permit, or for a like permit 
for the same location or by the same applicant 



shall not be heard by the Chief of Police until the 
expiration of one year from the date of the 
previous denial or revocation of said permit or 
application and there shall be no appeal to said 
Board of Permit Appeals for failure or refusal to 
hear any such application or appeal within said 
one-year period. (Added by Ord. 241-77, App. 
6/17/77) 

SEC. 1072.15. ISSUANCE OF EMPLOYEE 
PERMITS. 

The Chief of Police shall issue a permit 
within 14 days following a hearing unless he 
finds that the applicant has had a permit or 
license to engage in a business or occupation 
granted by the State of California or the City and 
County of San Francisco revoked by the granting 
authority or that the applicant has been con- 
victed of any of the following offenses or if 
convicted of an offense within or without the 
State which would have constituted any of the 
following offenses if committed within the State 
of California: 

(a) An offense involving conduct which re- 
quires registration pursuant to Section 290 of 
the Penal Code. 

(b) An offense involving the use of force and 
violence on the person of another. 

(c) An offense involving sexual misconduct 
with children. 

(d) An offense as defined in Sections 311, 
647(a), 647a, 647(b), 315, 316, 318 or 266 through 
267 inclusive of the Penal Code of the State of 
California. 

(e) The applicant has had revoked his li- 
cense or permit issued by either the Alcoholic 
Beverage Control Commission of the State of 
California or the San Francisco Police Depart- 
ment. 

The Chief of Police shall issue a permit to any 
person subjected to a revocation as described in 
this Section or to any person convicted of any of 
the crimes enumerated in Subsections (a), (b), 
(c), (d), or (e) of this Section if he finds that the 
termination of any disability resulting from such 
conviction or revocation occurred at least three 
years prior to the date of the application and the 



657 



Encounter Studios 



Sec. 1072.23. 



applicant has had no subsequent felony convic- 
tions of any nature, no subsequent misdemeanor 
convictions for crimes mentioned in this Section 
and no subsequent permit revocations men- 
tioned in this Section. (Added by Ord. 241-77, 
App. 6/17/77) 

SEC. 1072.16. REVOCATION OR 
SUSPENSION OF PERMIT. 

Any permit issued for an Encounter Studio or 
employee may be revoked or suspended by the 
Chief of Police after a hearing, in any case where 
any of the provisions of this Article or local or 
State law are violated or where any employee of 
the permittee has engaged in any conduct which 
violates any of the state or local laws or ordi- 
nances at permittee's place of business, or in any 
case where the permittee or licensee refuses to 
permit any duly authorized Police officer of the 
City and County of San Francisco to inspect the 
premises or the operations therein. (Added by 
Ord. 241-77, App. 6/17/77) 

SEC. 1072.17. EMPLOYMENT OF 
PERSONS UNDER THE AGE OF 18 
PROHIBITED. 

It shall be unlawful for any owner, proprietor, 
manager or other person in charge of any En- 
counter Studio to employ any person who is not 
at least 18 years of age. (Added by Ord. 241-77, 
App. 6/17/77) 

SEC. 1072.18. AGE OF CUSTOMER. 

It shall be unlawful for any owner, proprietor, 
manager or other person in charge of an Encoun- 
ter Studio to allow any person under the age of 
18 years to patronize an Encounter Studio as a 
customer or patron. (Added by Ord. 241-77, App. 
6/17/77) 

SEC. 1072.19. SALE OR TRANSFER. 

Upon sale, transfer or relocation of an En- 
counter Studio, the permit and license therefor 
shall be null and void unless approved as pro- 
vided in Section 1072.24 herein; provided, how- 
ever, that upon the death or incapacity of the 



permittee the Encounter Studio may continue in 
business for a reasonable period of time to allow 
for an orderly transfer of the permit. 

If the permittee is a corporation, a transfer of 
25 percent of the stock ownership of the permit- 
tee will be deemed to be a sale or transfer and 
the permit and license therefor shall be null and 
void unless approved as provided in Section 
1072.24 herein; provided, however, that the pro- 
vision shall not apply to a permittee corporation, 
the stock of which is listed on a stock exchange in 
this state or in the City of New York, State of 
New York, or which is required by law to file 
periodic reports with the Securities and Ex- 
change Commission unless approved as provided 
in Section 1072.19 herein. (Added by Ord. 241- 
77, App. 6/17/77) 

SEC. 1072.20. NAME AND PLACE OF 
BUSINESS CHANGE OF LOCATION. 

No person granted a permit pursuant to this 
Article shall operate under any name or conduct 
his business under any designation for any loca- 
tion not specified in his permit. (Added by Ord. 
241-77, App. 6/17/77) 

SEC. 1072.21. DISPLAY OF PERMIT. 

Every person to whom or for whom a permit 
to operate an Encounter Studio shall have been 
granted pursuant to the provisions of this Article 
shall display said permit in a conspicuous place 
within the Encounter Studio so that the same 
may be readily seen by persons entering the 
premises. (Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.22. INSPECTION. 

The Police Department shall, from time to 
time and at least twice a year, make an inspec- 
tion of each Encounter Studio in the City and 
County of San Francisco for the purposes of 
determining that the provisions of this Article 
are complied with. (Added by Ord. 241-77, App. 
6/17/77) 

SEC. 1072.23. DAILY REGISTER. 

Every person who engages in, conducts, or 
carries on the operation of an Encounter Studio 



Sec. 1072.23. 



San Francisco - Police Code 



658 



shall keep a daily register, approved as to form 
by the Police Department, of the following infor- 
mation: 

(a) The identification of all employees em- 
ployed by such establishment, together with a 
duplicate of each of said employees' employee 
permit; 

(b) The hours of employment of each em- 
ployee for each day; 

(c) The rooms, cubicles, booths, compart- 
ments or stalls assigned to or used by each 
employee for that day and the time at which each 
employee used or was assigned to each room, 
cubicle, booth, compartment or stall; and 

(d) All patrons, with said patrons' true full 
names, residential street, city and state ad- 
dresses and hours of arrival and the rooms, 
cubicles, booths, compartments or stalls used by 
each patron, if any. 

Said daily register shall at all times during 
business hours be subject to inspection by the 
Police Department and by the Health Depart- 
ment and shall be kept on file for one year on the 
premises. (Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.24. PROHIBITED ACTIVITIES. 

(A) No person, while acting as an enter- 
tainer in an Encounter Studio, shall: 

(1) Expose his or her genitals, pubic hair, 
buttocks, natal cleft, perineum, anal region or 
pubic hair region; or 

(2) Expose or employ any device, costume or 
cover which gives the appearance of or simulates 
the genitals, pubic hair, buttocks, natal cleft, 
perineum, anal region or pubic hair region; or 

(3) Expose any portion of the female breast 
at or below the areola thereof; or 

(4) Employ any device or covering which is 
intended to simulate such portion of the breast; 
or 

(5) Touch a customer; or 

(6) Permit a customer or patron to touch an 
entertainer; or 

(7) Leave the encounter studio with or meet 
a customer or patron outside of said premises. 



(B) No person who is a patron of an Encoun- 
ter Studio shall place, or cause to be placed in the 
daily register false name, or residential street, 
city and state addresses. (Added by Ord. 241-77, 
App. 6/17/77) 

SEC. 1072.25. SOLICITATION OF 
TRADE. 

No operator or employee of an Encounter 
Studio shall permit or allow or cause any person 
or employee to solicit trade on the public side- 
walk or shall engage in such activity. (Added by 
Ord. 241-77, App. 6/17/77) 

SEC. 1072.26. LIGHTING. 

Every Encounter Studio shall be lighted 
throughout to an intensity of at least 12 foot 
candles during all hours of operation. (Added by 
Ord. 241-77, App. 6/17/77) 

SEC. 1072.27. NOISE. 

It shall be unlawful for any operator or 
employee of an Encounter Studio to make or 
continue, or cause, or permit to be made or 
continued, any vocal or instrumental music and 
related sounds, whether live or reproduced me- 
chanically by radio, television, stereo or other- 
wise, so as to create any sound or noise which 
would cause the sound level (noise level) mea- 
sured at any point within the Encounter Studio 
to exceed the sound level of 55 decibels, mea- 
sured on the A-weighted scale as defined in the 
American National Standard S-l.4-1971. (Added 
by Ord. 241-77, App. 6/17/77) 

SEC. 1072.28. BOOTHS AND CUBICLES. 

It shall be unlawful for any operator of an 
Encounter Studio to maintain or construct any 
booth, cubicle, room or rooms, compartment or 
stall that is so arranged that the entire interior 
portion of same is not visible from the exterior of 
the booth, cubicle, room or rooms, compartment 
or stall. No booth, cubicle, room, compartment or 
stall shall be so maintained or constructed so 
that the entrance to same may be blocked by a 
door or curtain or similar device. (Added by Ord. 
241-77, App. 6/17/77) 



659 



Encounter Studios 



Sec. 1072.35. 



SEC. 1072.29. HOURS OF OPERATION, 

Encounter Studios shall be operated only 
between the hours of 10:00 a.m., and 10:00 p.m., 
of the same day. (Added by Ord. 241-77, App. 
6/17/77) 

SEC. 1072.30. SIGNS REGULATED. 

No sign or signs which, in whole or in part, 
advertise any Encounter Studio and which sign 
or signs use the words "nude," "topless," "bottom- 
less," "naked," or words of like import in any 
language, or which, either expressly or by impli- 
cation, indicate that any act which is prohibited 
by this Article or by state or local law is available 
or performed in said Encounter Studio, shall be 
maintained, erected, used or placed in upon or 
adjacent to the outside or inside of any building 
where it is visible from public streets or from 
adjacent buildings and premises, the purposes of 
which sign is intended to attract, lure or entice 
customers. (Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.31. SIGNS; CONTINUED. 

No operator of an Encounter Studio shall 
permit, or cause to be permitted, any sign to be 
posted on the premises which depicts, describes 
or relates to "Specified Sexual Activities" or 
"Specified Anatomical Areas" as defined herein. 
(Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.32. SIGNS REQUIRED. 

(a) Each operator of an Encounter Studio 
shall post and display signs in a conspicuous 
place, one inside and one outside the Encounter 
Studio which lists the services provided by said 
studio and the fee or charge for each such ser- 
vice; 

(b) Each operator of an Encounter Studio 
shall post and display signs in a conspicuous 
place, one inside and one outside the Encounter 
Studio which read as follows: "THIS ENCOUN- 
TER STUDIO IS REGULATED BY THE CITY 
AND COUNTY OF SAN FRANCISCO. UPON 
ENTRY, ALL PATRONS MUST SIGN A REGIS- 
TER, GIVING THEIR TRUE NAME AND AD- 
DRESS. THE SIGNING OF A FALSE NAME 
AND/OR GIVINGAFALSE ADDRESS WILL BE 
DEEMED A MISDEMEANOR. ENTERTAIN- 



ERS ARE: (1) NOT PERMITTED TO ENGAGE 
IN ANY TYPE OF SEXUAL CONDUCT; (2) 
NOT PERMITTED TO REMOVE THEIR CLOTH- 
ING; (3) NOT PERMITTED TO EXPOSE 
BREASTS OR GENITAL AREAS; (4) NOT PER- 
MITTED TO TOUCH OR BE TOUCHED BY 
CUSTOMERS; (5) NOT PERMITTED TO LEAVE 
WITH OR MEET A CUSTOMER OFF THE 
PREMISES." 

(c) The signs described above must be printed 
in upper case block letters no less than one inch 
in height and V4 inch in width. Each such sign 
shall state the required information in English, 
Spanish, Chinese and Japanese. (Added by Ord. 
241-77, App. 6/17/77) 

SEC. 1072.33. ENTERTAINMENT, 
VISIBILITY FROM THE STREET. 

No operator of an Encounter Studio shall 
permit or cause to be permitted or allow any 
entertainment as defined in this Article in such a 
manner that said entertainment would be visible 
at any time from the street, sidewalk or highway. 
(Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.34. ADVERTISING. 

No operator of an Encounter Studio shall 
place or cause to be placed or distribute or cause 
to be distributed any advertising brochures, pam- 
phlets, handbills, posters, announcements, or 
the like, that depict the human form or portions 
thereof, or contain such wording in such a man- 
ner that such depictions of the human form or 
portions thereof or words would violate Section 
1072.25 of this Article if such pictorial represen- 
tation were on a sign upon or adjacent to an 
Encounter Studio. (Added by Ord. 241-77, App. 
6/17/77) 

SEC. 1072.35. LOCKED DOORS. 

No operator of an Encounter Studio shall lock 
or otherwise bar the entrance door to the En- 
counter Studio through which customers or pa- 
trons are customarily admitted during the hours 
of operation. If there is more than one door 
through which customers or patrons are custom- 



Sec. 1072.35. 



San Francisco - Police Code 



660 



arily admitted, only one such door need remain 
in an unlocked condition during the hours of 
operation. 

Nothing in this Section shall be construed to 
relieve the owner, manager, proprietor or person 
in charge of an Encounter Studio from compli- 
ance with the several sections of Part II, Chapter 
IV of the San Francisco Municipal Code (Fire 
Code). (Added by Ord. 241-77, App. 6/17/77) 



SEC. 1072.36. 
ASSISTING. 



COUNSELING OR 



No person shall permit, counsel or assist any 
other person in the violation of any provision of 
this Article. (Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.37. EXEMPTIONS. 

The provisions of Section 1072.2 relating to 
requirement for a permit shall not apply to an 
Encounter Studio operated by any public agency 
or by any educational or social agency, or any 
bona fide charitable organization as defined in 
Section 1072.1(f) herein. (Added by Ord. 241-77, 
App. 6/17/77) 

SEC. 1072.38. EXEMPTIONS 
CONTINUED. 

This Article shall not apply to any of the 
following who hold current, unrevoked licenses 
or certificates from the State of California: 

(a) Physicians as defined in Section 4033 of 
the Business and Professions Code; 

(b) Drugless Practitioners as defined in Sec- 
tion 2138 of the Business and Professions Code; 

(c) Psychiatric Technicians as defined in 
Section 4502 of the Business and Professions 
Code; 

(d) Psychologist as defined in Section 2903 
of the Business and Professions Code; or 

(e) Persons working under the immediate 
control and direction of persons specified in Sub- 
sections (a), (b), (c) or (d) of this Section. (Added 
by Ord. 241-77, App. 6/17/77) 



SEC. 1072.39. EXEMPTIONS 
CONTINUED. 

This Article shall not apply to: 

(a) A theater, concert hall, or similar estab- 
lishment which is primarily devoted to theatrical 
performances; 

(b) Any act authorized or prohibited by any 
state statute; 

(c) Entertainment as defined in Section 
1060(e), Article 15.1 of this Code, and as regu- 
lated by Section 1060.9.1 of said Code. (Added by 
Ord. 241-77, App. 6/17/77) 

SEC. 1072.40. LICENSE FEES. 

Every permittee who conducts or assists in 
conducting or permitting any Encounter Studio 
as defined herein shall pay to the Tax Collector 
an annual license fee payable in advance. The 
license fee prescribed in this Section is due and 
payable on a calendar year basis starting 45 days 
after the effective date of this Article prorated 
with regard to the calendar year on a monthly 
basis. Fees for new licenses issued after the first 
day of January, 1974 or in any subsequent cal- 
endar year shall be prorated with regard to the 
calendar year on a monthly basis. (Amended by 
Ord. 555-81, App. 11/12/81) 

SEC. 1072.40-1. EMPLOYEE LICENSE. 

Every person engaged as an employee of an 
Encounter Studio who requires a permit from 
the Police Department pursuant to the provi- 
sions of Section 1072.3 of this Article shall pay 
an annual license fee. (Added by Ord. 555-81, 
App. 11/12/81) 

SEC. 1072.41. TRANSFER OR 
ASSIGNMENT OF PERMIT. 

No permit shall be transferable or assignable 
except with the written consent of the Chief of 
Police. An application for such a transfer shall be 
in writing and shall be accompanied by the same 
filing fee as for an initial application. The writ- 
ten application for such transfer shall contain 
the same information as requested herein for 
initial application for such a permit. (Amended 
by Ord. 555-81, App. 11/12/81) 



661 



Encounter Studios 



Sec. 1072.45. 



SEC. 1072.42. PENALTY, MISDEMEANOR 
OR INFRACTION. 

Any person who violates any provisions of 
this Article shall be deemed guilty of a misde- 
meanor or an infraction. 

(a) If charged as an infraction the penalty, 
upon conviction of such person, shall be by a fine 
not exceeding $500; 

(b) If charged as a misdemeanor the pen- 
alty, upon conviction of such person, shall be by 
imprisonment in the County Jail for a period not 
to exceed six months or by a fine not exceeding 
$1,000, or by both such fine and imprisonment; 

(c) The complaint charging such violation 
shall specify whether the violation charged is a 
misdemeanor or an infraction. Such charging 
decisions shall be at the sole discretion of the 
District Attorney; 

(d) Nothing herein shall prohibit the Dis- 
trict Attorney from exercising the sole discretion 
vested in him by law to charge an operator, 
employee, or any other person associated with an 
Encounter Studio with violating this or any 
other local or state law. (Added by Ord. 241-77, 
App. 6/17/77) 



1072.2, 1072.3, 1072.4, 1072.5, and 1072.6 pro- 
vide. (Added by Ord. 241-77, App. 6/17/77) 

SEC. 1072.45. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article, 
or application thereof to any person or circum- 
stances, is for any reason held to be unconstitu- 
tional or invalid or ineffective by any court of 
competent jurisdiction, such decision shall not 
affect the validity or effectiveness of the remain- 
ing portions of this Article or any part thereof. 
The Board of Supervisors hereby declares that it 
would have passed such section, subsection, sub- 
division, paragraph, sentence, clause or phrase 
thereof, irrespective of the fact that any one or 
more sections, subsections, subdivisions, para- 
graphs, sentences, clauses or phrases be de- 
clared unconstitutional or invalid or ineffective. 
(Added by Ord. 241-77, App. 6/17/77) 



SEC. 1072.43. PENALTY LIMITED 
SUSPENSION OR REVOCATION. 

Any permit issued under the terms of this 
Article may be suspended for a period of 30 days 
by the Chief of Police if the Chief of Police deems 
after a noticed hearing, that violation of the 
regulations or any provisions of the Municipal 
Code has occurred. A permit may be revoked for 
such violations as set forth in Section 1072.16, 
above. (Added by Ord. 241-77, App. 6/17/77) 



SEC. 1072.44. TIME LIMIT FOR 
OBTAINING PERMIT. 

All premises required to obtain a permit and 
license pursuant to this Article must obtain a 
permit within 45 days of the effective date of this 
Article; failure to do so shall make continued 
operation of said Encounter Studio a violation of 
Section 1072.42 hereof. Permits must be ob- 
tained from the Police Department as Sections 



Sec. 1072.45. San Francisco - Police Code 662 



[The next page is 683] 



ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS 



Sec. 1073 

Sec. 1073 

Sec. 1073 

Sec. 1073 

Sec. 1073 

Sec. 1073 

Sec. 1073 

Sec. 1073 

Sec. 1073 

Sec. 1073, 

Sec. 1073. 

Sec. 1073. 



1. 
.2. 
.2.1 
.3. 
.3.1 



.4.1 



.5 



Sec. 1073.10 



Sec. 1073 
Sec. 1073. 



Sec. 1073.12 



Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 

Sec. 1073. 



Definition. 
Permit Required. 
Employee Permit Required. 
Filing and Fee Provision. 
Employee Permit — Application 
to Chief of Police. 
Application For Public 
Photography Studio. 
Application For Employee of a 
Public Photography Studio. 
Corporate Applicants: 
Exemption. 
Corporate Permittee: 
Maintenance of Stock Register; 
Report. 

Verification of Application. 
Notice of Hearing. 

Referral of Application to Other 

Departments. 

Issuance of Permit For a Public 

Photography Studio. 
10.1. Issuance of Employee Permit. 
11. Revocation or Suspension of 

Permit. 

Employment of Persons Under 

the Age of Eighteen Prohibited. 

Sale or Transfer. 

Name and Place of Business — 

Change of Location. 

Display of Permit. 

Inspection. 

License Fees. 
Employee License. 



13. 
14. 

15. 

16. 

17. 

17.1 

18. 

19. 

20. 

21. 

22. 

23. 



Transfer of Permit. 

Prohibition. 

Solicitation of Trade. 

Lighting. 

Booths and Cubicles. 

Employment or Payment Not 

Necessary for Offense. 



Sec. 1073.24. 

Sec. 1073.25. 

Sec. 1073.26. 

Sec. 1073.27. 

Sec. 1073.28. 

Sec. 1073.29. 

Sec. 1073.30. 

Sec. 1073.31. 

Sec. 1073.32. 

Sec. 1073.33. 

Sec. 1073.34. 



Signs Regulated. 

Signs Continued. 

Visibility From the Street. 

Advertising. 

Counseling or Assisting. 

Exemptions. 

Exemptions Continued. 

Penalty. 

Time Limit for Obtaining 

Permit. 

Limited Suspension. 

Severability. 



SEC. 1073.1. DEFINITION. 

For the purpose of this Article, the following 
words and phrases shall mean and include: 

(a) Theater. A building, playhouse, room, 
hall or other place having a permanent stage 
upon which movable scenery is or may be placed 
and upon which theatrical or vaudeville or simi- 
lar performances are given, with permanently 
affixed seats so arranged in proximity to such 
stage that a body of spectators may have an 
unobstructed view of said stage, the primary 
function of which is to serve as the locale of such 
performances. 

(b) Public Photography Studio. An es- 
tablishment to which patrons or members are 
invited or allowed to photograph or purportedly 
photograph or graphically reproduce in any man- 
ner persons or models. 

(c) Entertainment. Any act, play, review, 
pantomime, scene, dance act, song, song and 
dance act, poetry recitation, reading, style show 
or modeling for photographing or graphic repro- 
duction by any means whatsoever within a pub- 
lic photography studio as defined herein. 

(d) Person. An individual, firm, partner- 
ship, joint adventure, association, social club, 
fraternal organization, joint stock company, cor- 
poration, estate, trust, business trust, receiver, 



683 



Sec. 1073.1. 



San Francisco - Police Code 



684 



trustee, syndicate, or any other group or combi- 
nation acting as a unit, excepting the United 
States of America, the State of California, and 
any political subdivision of either thereof. 

(e) Operator. Any person operating a Pub- 
lic Photography Studio, including but not limited 
to the owner or proprietor of the premises upon 
which it is located, and the lessee, sublessee, or 
mortgagee in possession. 

(f) Bona Fide Nonprofit Clubs or Orga- 
nizations. Any fraternal, charitable, religious or 
benevolent, or any other nonprofit organization 
having a regular membership association prima- 
rily for mutual social, mental, political and civic 
welfare, to which admission is limited to mem- 
bers and guests and revenue accruing therefrom 
to be used exclusively for the benevolent pur- 
poses of said organization and which organiza- 
tion or agency is exempt from taxation under the 
Internal Revenue Laws of the United States as a 
bona fide fraternal, charitable, religious, benevo- 
lent or nonprofit organization. 

(g) Entertainer. An entertainer is any per- 
son who performs any act enumerated in Section 
1073.1(c) of this Article for any compensation 
whatsoever. 

(h) Employee. Any and all persons who 
render any service whatsoever to the patrons or 
customers of a Public Photography Studio and 
who receive compensation for such service. (Added 
by Ord. 428-74, App. 9/5/74) 

SEC. 1073.2. PERMIT REQUIRED. 

It shall be unlawful for any person to engage 
in, conduct or carry on, or permit to be engaged 
in, conducted or carried on in any premises in the 
City and County of San Francisco, the operation 
of a Public Photography Studio as defined herein, 
without first obtaining a permit from the Police 
Department. (Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.2.1. EMPLOYEE PERMIT 
REQUIRED. 

It shall be unlawful for any person, as de- 
fined in Section 1073.1(h), to perform any service 
for a customer of a Public Photography Studio 



without first securing a permit from the Chief of 
Police. (Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.3. FILING AND FEE 
PROVISION. 

Every applicant desiring a permit to main- 
tain, operate or conduct a Public Photography 
Studio shall file an application with the Chief of 
Police upon a form provided by said Chief of 
Police and pay a filing fee which shall not be 
refundable. (Amended by Ord. 555-81, App. 11/ 
12/81) 

SEC. 1073.3.1. EMPLOYEE PERMIT- 
APPLICATION TO CHIEF OF POLICE. 

Every applicant for an Employee Permit for a 
Public Photography Studio shall file an applica- 
tion with the Chief of Police on a form provided 
by said Chief of Police and pay a filing fee which 
shall not be refundable. Said applicant shall file 
for a permit within 30 days of the effective date 
of this Article. (Amended by Ord. 555-81, App. 
11/12/81) 

SEC. 1073.4. APPLICATION FOR 
PUBLIC PHOTOGRAPHY STUDIO. 

The application for a permit to operate a 
Public Photography Studio shall set forth the 
proposed place of business and facilities therefor 
and the name and address of each applicant. 

In addition to the foregoing, any applicant for 
a permit shall furnish the following information: 

(a) The two previous addresses immedi- 
ately prior to the present address of the appli- 
cant. 

(b) Written proof that the applicant is at 
least 18 years of age. 

(c) Applicant's height, weight, color of eyes 
and hair. 

(d) Two portrait photographs at least 2" by 
2". 

(e) Business, occupation, or employment of 
the applicant for the three years immediately 
preceding the date of application. 

(f) All criminal convictions except minor 
traffic violations. 



685 



Nude Models in Public Photography Studios 



Sec. 1073.6. 



(g) Such other identification and informa- 
tion necessary to discover the truth and the 
matters hereinbefore specified as required to be 
set forth in the application. 

(h) Nothing contained herein shall be con- 
strued to deny to the Chief of Police the right to 
take fingerprints and additional photographs of 
the applicant, nor shall anything contained herein 
be construed to deny the right of said Chief of 
Police to confirm the height and weight of the 
applicant. 

(i) If the applicant is a corporation, the 
name of the corporation shall be set forth exactly 
as shown in its articles of incorporation together 
with the names and residence addresses of each 
of the officers, directors, and each stockholder 
holding more than 10 percent of the stock of the 
corporation. If the applicant is a partnership, the 
applicant shall set forth the name and residence 
address of each of the partners, including limited 
partners. If one or more of the partners is a 
corporation, the provisions of this Section per- 
taining to a corporate applicant apply. (Added by 
Ord. 428-74, App. 9/5/74) 

SEC. 1073.4.1. APPLICATION FOR 
EMPLOYEE OF A PUBLIC 
PHOTOGRAPHY STUDIO. 

The employee of a Public Photography Studio 
filing for a permit shall furnish the following 
information: 

(a) Name. 

(b) Residence address. 

(c) Public Photography Studio in which the 
employee is currently working. 

(d) Two previous addresses immediately prior 
to the present address of the applicant. 

(e) Applicant's weight, height, color of eyes 
and hair. 

(f) Written proof that applicant is at least 
18 years of age. 

(g) Two portrait photographs at least 2" x 
2". 

(h) Previous employment of the applicant 
for three years immediately preceding the date 
of application. 



(i) All criminal convictions except minor traf- 
fic violations. 

(j) Such other identification and informa- 
tion necessary to discover the truth of the mat- 
ters hereinbefore specified. 

(k) Nothing contained herein shall be con- 
strued to deny the Chief of Police the right to 
take the fingerprints and additional photo- 
graphs of the applicant, nor shall anything con- 
tained herein be construed to deny the right of 
said Chief of Police to confirm the height and 
weight of the applicant. (Added by Ord. 428-74, 
App. 9/5/74) 

SEC. 1073.5. CORPORATE APPLICANTS: 
EXEMPTION. 

The provisions of Section 1073.4(a), (b), (c), 
(d), (e) and (f) entitled "Application for Public 
Photography Studio" relating to requirements 
for corporate applicants shall not apply to any of 
the following: 

(1) A corporation, the stock of which is listed 
on a stock exchange in the State of California or 
the City of New York, State of New York. 

(2) A bank, trust company, financial institu- 
tion or title company to which application is 
made or to whom a license is issued in a fiduciary 
capacity. 

(3) A corporation which is required by law 
to file periodic reports with the Securities and 
Exchange Commission. (Added by Ord. 428-74, 
App. 9/5/74) 

SEC. 1073.6. CORPORATE PERMITTEE: 
MAINTENANCE OF STOCK REGISTER; 
REPORT. 

(A) Any corporation holding a permit under 
this Article shall maintain a stock register at the 
principal office of the corporation in San Fran- 
cisco and the stock register shall be available to 
the Police Department for inspection. Such cor- 
poration shall report to the department in writ- 
ing any of the following: 

(1) Issuance or transfer of any shares of 
stock to any person where the issuance or trans- 
fer results in the person owning 10 percent or 
more of the corporate stock. 



Sec. 1073.6. 



San Francisco - Police Code 



686 



(2) Change in any of the corporate officers 
which are required by Section 821 of the Corpo- 
rations Code. 

(3) Change of the members of its Board of 
Directors. 

The report shall be filed with the Police 
Department within 30 days after the issuance or 
transfer of corporate stock, change in corporate 
officers, or change in members of the Board of 
Directors, as the case may be. 

(B) The provisions of this Section shall not 
apply to any of the following: 

(1) A corporation, the stock of which is listed 
on a stock exchange in this state or in the City of 
New York, State of New York. 

(2) A bank, trust company, financial institu- 
tion or title company to which a permit is issued 
in a fiduciary capacity. 

(3) A corporation which is required by law 
to file periodic reports with the Securities and 
Exchange Commission. (Added by Ord. 428-74, 
App. 9/5/79) 

SEC. 1073.7. VERIFICATION OF 
APPLICATION. 

Every application for a permit under this 
Article shall be verified as provided in the Cali- 
fornia Code of Civil Procedure for the verification 
of pleadings. (Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.8. NOTICE OF HEARING. 

When an application is filed for a permit 
under this Article, the Chief of Police shall fix a 
time and place for a public hearing thereon. Not 
less than 10 days before the date of such hearing, 
the Chief of Police shall cause to be posted a 
notice of such hearing in a conspicuous place on 
the property in which or on which the proposed 
Public Photography Studio is to be operated. 
Such posting of notice shall be carried out by the 
Chief of Police, and the applicant shall maintain 
said notice as posted for the required number of 
days. (Added by Ord. 428-74, App. 9/5/74) 



SEC. 1073.9. REFERRAL OF 
APPLICATION TO OTHER 
DEPARTMENTS. 

The Chief of Police, upon receiving an appli- 
cation for a Public Photography Studio permit, 
shall refer the application to the Bureau of 
Building Inspection, the Fire Department, and 
the City Planning Department, which depart- 
ments shall inspect the premises proposed to be 
operated as a Public Photography Studio and 
shall make written recommendations to the Chief 
of Police concerning compliance with the codes 
that they administer. (Added by Ord. 428-74, 
App. 9/5/74) 

SEC. 1073.10. ISSUANCE OF PERMIT 
FOR A PUBLIC PHOTOGRAPHY STUDIO. 

The Chief of Police may issue a permit within 
14 days following a hearing if all requirements 
for a Public Photography Studio described in this 
Article are met and may issue a permit to all 
persons who apply to perform Public Photogra- 
phy Studio services unless he finds: 

(1) That the operation as proposed by the 
applicant if permitted would not have complied 
with all applicable laws, including but not lim- 
ited to the Building, City Planning, Housing and 
Fire Codes of the City and County of San Fran- 
cisco or regulations adopted by the Chief of 
Police. 

(2) That the applicant and any other person 
who will be directly engaged in the management 
and operation of a Public Photography Studio 
has been convicted of any of the following of- 
fenses or convicted of an offense without the 
State of California that would have constituted 
any of the following offenses if committed within 
the State of California: 

(a) An offense involving conduct which re- 
quires registration pursuant to Section 290 of 
the Penal Code; 

(b) An offense involving the use of force and 
violence upon the person of another that amounts 
to a felony; 

(c) An offense involving sexual misconduct 
with children; 



687 



Nude Models in Public Photography Studios 



Sec. 1073.13. 



(d) An offense as defined in Sections 311, 
647(a), 647a, 647b, 315, 316 or 318 of the Penal 
Code of the State of California. 

The Chief of Police may refuse to issue any 
permit if it shall appear that the character of the 
business is not a proper or suitable place in 
which to conduct or maintain such business or 
calling or the applicant requesting such permit 
does not warrant the issuance thereof. 

The Chief of Police may issue a permit to any 
person convicted of any of the crimes described 
in Subsections (a), (b), (c) or (d) of this Section if 
he finds that such conviction occurred at least 
five years prior to the date of the application and 
the applicant has had no subsequent felony con- 
victions of any nature and no subsequent misde- 
meanor convictions for crimes mentioned in this 
Section. (Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.10.1. ISSUANCE OF 
EMPLOYEE PERMIT. 

The Chief of Police may issue a permit within 
14 days following a hearing unless he finds that 
the applicant has been convicted of any of the 
following offenses or if convicted of an offense 
without the State of California that would have 
constituted any of the following offenses if com- 
mitted within the State of California: 

(a) An offense involving conduct which re- 
quires registration pursuant to Section 290 of 
the Penal Code. 

(b) An offense involving the use of force and 
violence on the person of another that amounts 
to a felony. 

(c) An offense involving sexual misconduct 
with children. 

(d) An offense as defined in Section 311, 
647(a), 647a, 647b, 315, 316 or 318 of the Penal 
Code of the State of California. 

The Chief of Police may refuse to issue any 
permit if it shall appear that the character of the 
applicant does not warrant the issuance thereof. 

The Chief of Police may issue a permit to any 
person convicted of any of the crimes enumer- 
ated in Subsections (a), (b), (c), or (d) of this 
Section if he finds that such conviction occurred 
at least five years prior to the date of the appli- 



cation and the applicant has had no subsequent 
felony convictions of any nature and no subse- 
quent misdemeanor convictions for crimes men- 
tioned in this Section. (Added by Ord. 428-74, 
App. 9/5/74) 

SEC. 1073.11. REVOCATION OR 
SUSPENSION OF PERMIT. 

Any permit issued for a Public Photography 
Studio or employee may be revoked or suspended 
by the Chief of Police, after a hearing, for good 
cause, or in any case where any of the provisions 
of this Article are violated or where any em- 
ployee of the permittee is engaged in any conduct 
which violates any of the state or local laws or 
ordinances at permittee's place of business and 
the permittee has actual or constructive knowl- 
edge of such violations, or in any case where the 
permittee or licensee refuses to permit any duly 
authorized Police Officer of the City and County 
of San Francisco to inspect the premises or the 
operations therein. (Added by Ord. 428-74, App. 
9/5/74) 

SEC. 1073.12. EMPLOYMENT OF 
PERSONS UNDER THE AGE OF 
EIGHTEEN PROHIBITED. 

It shall be unlawful for any owner, proprietor, 
manager or other person in charge of any Public 
Photography Studio to employ any person who is 
not at least 18 years of age. (Added by Ord. 
428-74, App. 9/5/74) 

SEC. 1073.13. SALE OR TRANSFER. 

Upon sale, transfer or relocation of a Public 
Photography Studio, the permit and license there- 
for shall be null and void unless approved as 
provided in Section 1073.18 herein; provided, 
however, that upon the death or incapacity of the 
permittee the Public Photograph}^ Studio may 
continue in business for a reasonable period of 
time to allow for an orderly transfer of the 
permit. 

If the permittee is a corporation, a transfer of 
25 percent of the stock ownership of the permit- 
tee will be deemed to be a sale or transfer and 
the permit and license therefor shall be null and 
void unless approved as provided in Section 



Sec. 1073.13. 



San Francisco - Police Code 



688 



1073.18 herein; provided, however, that the pro- 
vision shall not apply to a permittee corporation, 
the stock of which is listed on a stock exchange in 
this state or in the City of New York, State of 
New York, or which is required by law to file 
periodic reports with the Securities and Ex- 
change Commission unless approved in Section 
1073.18 herein. (Added by Ord. 428-74, App. 
9/5/74) 

SEC. 1073.14. NAME AND PLACE OF 
BUSINESS— CHANGE OF LOCATION. 

No person granted a permit pursuant to this 
Article shall operate under any name or conduct 
his business under any designation for any loca- 
tion not specified in his permit. (Added by Ord. 
428-74, App. 9/5/74) 

SEC. 1073.15. DISPLAY OF PERMIT. 

Every person to whom or for whom a permit 
shall have been granted pursuant to the provi- 
sions of this article shall display said permit in a 
conspicuous place within the Public Photogra- 
phy Studio so that the same may be readily seen 
by persons entering the premises. (Added by 
Ord. 428-74, App. 9/5/74) 

SEC. 1073.16. INSPECTION. 

The Police Department shall, from time to 
time and at least twice a year, make an inspec- 
tion of each Public Photography Studio in the 
City and County of San Francisco for the pur- 
poses of determining that the provisions of this 
Article are complied with. (Added by Ord. 428- 
74, App. 9/5/74) 

SEC. 1073.17. LICENSE FEES. 

Every permittee who conducts or assists in 
conducting or permitting any Public Photogra- 
phy Studio as defined herein shall pay to the Tax 
Collector an annual license fee, payable in ad- 
vance. The license fee prescribed in this Section 
is due and payable on a calendar year basis 
starting 45 days after the effective date of this 
Article prorated with regard to the calendar year 
on a monthly basis. Fees for new licenses issued 
after the first day of January, 1975, or in any 
subsequent calendar year shall be prorated with 



regard to the calendar year on a monthly basis. 
(Amended by Ord. 555-81, App. 11/12/81) 

SEC. 1073.17.1. EMPLOYEE LICENSE. 

Every person engaged as an employee of a 
public photography studio who requires a permit 
from the Police Department pursuant to the 
provisions of Section 1073.2.1 of this Article shall 
pay an annual license fee. (Added by Ord. 555- 
81, App. 11/12/81) 

SEC. 1073.18. TRANSFER OF PERMIT. 

No permit shall be transferable except with 
the written consent of the Chief of Police. An 
application for such a transfer shall be in writing 
and shall be accompanied by the same filing fee 
as for an initial application. The written appli- 
cation for such transfer shall contain the same 
information as requested herein for initial appli- 
cation for such a permit. (Amended by Ord. 
555-81, App. 11/12/81) 

SEC. 1073.19. PROHIBITION. 

Every person is guilty of a misdemeanor who, 
while acting as an entertainer in a Public Pho- 
tography Studio as defined herein: 

(a) Exposes his or her genitals, pubic hair, 
buttocks, natal cleft, perineum, anal region or 
pubic hair region; or 

(b) Exposes or employs any device, costume 
or cover which gives the appearance of or simu- 
lates the genitals, pubic hair, buttocks, natal 
cleft, perineum, anal region or pubic hair region; 
or 

(c) Exposes any portion of the female breast 
at or below the areola thereof; or 

(d) Employs any device or covering which is 
intended to simulate such portion of the breast. 
(Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.20. SOLICITATION OF 
TRADE. 

No operator or employee of a Public Photog- 
raphy Studio shall permit or allow or cause any 
person or employee to solicit trade on the public 
sidewalk at or near the entrance to the Public 



689 



Nude Models in Public Photography Studios 



Sec. 1073.29. 



Photography Studio or shall engage in such 
activity. (Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.21. LIGHTING. 

Every Public Photography Studio shall be 
lighted throughout to an intensity of at least 12 
foot candles during all hours of operation. (Added 
by Ord. 428-74, App. 9/5/74) 

SEC. 1073.22. BOOTHS AND CUBICLES. 

It shall be unlawful for any operator of a 
Public Photography Studio to maintain or con- 
struct any booth, cubicle, room or rooms, com- 
partment or stall that is so arranged that the 
entire interior portion of same is not visible from 
the exterior of the booth, cubicle, room or rooms, 
compartment or stall. No booth, cubicle, room, 
compartment or stall shall be so maintained or 
constructed so that the entrance to same may be 
blocked by a door or curtain or similar device. 
(Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.23. EMPLOYMENT OR 
PAYMENT NOT NECESSARY FOR 
OFFENSE. 

A person shall be deemed to be an enter- 
tainer if such person acts in that capacity with- 
out regard to whether or not such person is paid 
any compensation by the management of the 
establishment in which the activity is performed. 
(Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.24. SIGNS REGULATED. 

No sign or signs which, in whole or in part, 
advertise any Public Photography Studio and 
which sign or signs use the words "nude", "top- 
less", "bottomless", "naked", or words of like 
import, shall be maintained, erected, used or 
placed upon or adjacent to the outside of any 
building where it is visible from public streets or 
from adjacent buildings and premises, the pur- 
pose of which sign is intended to attract, lure or 
entice customers. (Added by Ord. 428-74, App. 
9/5/74) 

SEC. 1073.25. SIGNS CONTINUED. 

No sign or signs, paintings, photographs, 
pictorial representations, or any other visual 



means shall be maintained, erected, used or 
placed upon or adjacent to the outside of any 
building, or in connection with any premises 
therein, if it shows, reveals or depicts, in whole 
or in part, the following: 

(1) The actual or simulated displaying of 
the pubic hair, anus, vagina, penis, vulva, but- 
tocks, or any other genitalia of the human body; 

(2) Any portion of the nude female breast 
below the top of the areola. (Added by Ord. 
428-74, App. 9/5/74) 

SEC. 1073.26. VISIBILITY FROM THE 
STREET. 

No operator of a Public Photography Studio 
shall permit or cause to be permitted or allow 
any entertainment as defined in this Article in 
such a manner that said entertainment would be 
visible at any time from the street, sidewalk or 
highway. (Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.27. ADVERTISING. 

No operator of a Public Photography Studio 
shall place or cause to be placed or distribute or 
cause to be distributed any advertising bro- 
chures, pamphlets, handbills, posters, announce- 
ments, or the like, that depict the human form or 
portions thereof, or contain such wording in such 
a manner that such depictions of the human 
form or portions thereof or words would violate 
Section 1073.19 of this Article if such pictorial 
representation were on a sign upon or adjacent 
to a Public Photography Studio. (Added by Ord. 
428-74, App. 9/5/74) 

SEC. 1073.28. COUNSELING OR 
ASSISTING. 

Every person is guilty of a misdemeanor who 
permits, counsels or assists any person to violate 
any provision of this Article. (Added by Ord. 
428-74, App. 9/5/74) 

SEC. 1073.29. EXEMPTIONS. 

The provisions of Section 1073.2 relating to 
requirement for a permit shall not apply to a 
Public Photography Studio operated by any pub- 
lic agency or by any educational or social agency, 



Sec. 1073.29. 



San Francisco - Police Code 



690 



or any bona fide charitable organization as de- 
fined in Section 1073.1(f) herein. (Added by Ord. 
428-74, App. 9/5/74) 

SEC. 1073.30. EXEMPTIONS 
CONTINUED. 

This Article shall not apply to any of the 
following: 

(a) A school or institute approved by the 
Superintendent of Public Instruction pursuant 
to the provisions of Section 29007.5 of the Edu- 
cation Code of the State of California. 

(b) A theater, concert hall or similar estab- 
lishment which is primarily devoted to theatrical 
performances. 

(c) Any act authorized or prohibited by state 
statute. 

(d) Entertainment as defined in Section 
1060(e) of Article 15.1 of this Code and as regu- 
lated by Section 1060.9.1 of said Code. (Added by 
Ord. 428-74, App. 9/5/74) 

SEC. 1073.31. PENALTY. 

A violation of this article is punishable by a 
fine not exceeding $500 or by imprisonment in 
the County Jail for not exceeding six months, or 
by both such fine and imprisonment. (Added by 
Ord. 428-74, App. 9/5/74) 

SEC. 1073.32. TIME LIMIT FOR 
OBTAINING PERMIT. 

All premises required to obtain a permit and 
license pursuant to this Article must obtain a 
permit within 45 days of the effective date of this 
Article; failure so to do shall make continued 
operation of said Public Photography Studio a 
violation of Section 1073.31 hereof. Permits must 
be obtained from the Police Department as Sec- 
tions 1073.2, 1073.3 and 1073.4 hereof provide. 
(Added by Ord. 428-74, App. 9/5/74) 

SEC. 1073.33. LIMITED SUSPENSION. 

Any permit issued under the terms of this 
Article may be suspended for a period of 30 days 
by the Chief of Police if the Chief of Police deems 
after the noticed hearing that violation of the 



regulations or any provision of the Municipal 
Code has occurred. (Added by Ord. 428-74, App. 
9/5/74) 

SEC. 1073.34. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article, 
or application thereof to any person or circum- 
stances, is for any reason held to be unconstitu- 
tional or invalid or ineffective by any court of 
competent jurisdiction, such decision shall not 
affect the validity or effectiveness of the remain- 
ing portions of this Article or any part thereof. 
The Board of Supervisors hereby declares that it 
would have passed each section, subsection, sub- 
division, paragraph, sentence, clause or phrase 
thereof, irrespective of the fact that any one or 
more sections, subsections, subdivisions, para- 
graphs, sentences, clauses or phrases be de- 
clared unconstitutional or invalid or ineffective. 
(Added by Ord. 428-74, App. 9/5/74) 



[The next page is 711] 



ARTICLE 15.6: ESCORT SERVICES 



Sec. 1074.1. 

Sec. 1074.2. 

Sec. 1074.3. 

Sec. 1074.4. 

Sec. 1074.5. 

Sec. 1074.6. 

Sec. 1074.7. 

Sec. 1074.8. 

Sec. 1074.9. 

Sec. 1074.10. 



Sec. 1074.11. 

Sec. 1074.12. 

Sec. 1074.13. 

Sec. 1074.14. 

Sec. 1074.15. 

Sec. 1074.16. 

Sec. 1074.17. 

Sec. 1074.18. 

Sec. 1074.19. 



Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 



1074.20. 
1074.21. 
1074.22. 
1074.23. 
1074.24. 
1074.25. 



Sec. 1074.26. 
Sec. 1074.27. 



Definitions. 

Permit Required. 

Filing Fee. 

Application For Escort Service 

Permit. 

Employee Permit Required. 

Employee Permit. 

Application For Employee of an 

Escort Service. 

Verification of Application. 

Corporate Applicants; 

Exemption. 

Corporate Permittee; 

Maintenance of Stock Register; 

Report. 

Notice of Hearing. 

Issuance of Permit For an 

Escort Service. 

Applications Barred For One 

Year. 

Issuance of Employee Permits. 

Revocation or Suspension of 

Permit. 

Employment of Persons Under 

The Age of 18 Prohibited. 

Age of Customer. 

Sale or Transfer. 

Name and Place of Business — 

Change of Location. 

Inspection. 

Daily Register. 

Prohibited Activities. 

Counseling or Assisting. 

License Fees. 

Transfer or Assignment of 

Permit. 

Penalty; Misdemeanor or 

Infraction. 

Time Limit For Obtaining 

Permit. 



Sec. 1074.28. 
Sec. 1074.29. 



Rules and Regulations. 
Severability. 



SEC. 1074.1. DEFINITIONS. 

For the purpose of this Article, the following 
words and phrases shall mean and include: 

(a) Escort Service. -Any business, agency 
or person who, for a fee, commission, hire, re- 
ward or profit, furnishes or offers to furnish 
names of persons, or who introduces, furnishes 
or arranges for persons, who may accompany 
other persons to or about social affairs, entertain- 
ments or places of amusement, or who may 
consort with others about any place of public 
resort or within any private quarters. Excluded 
from this definition are any businesses, agencies 
or persons which provide escort services for older 
persons as defined in California Welfare and 
Institutions Code Section 9406, when such ser- 
vices are provided as part of a social welfare and 
health program for such older persons. 

(b) Escort. Any person who, for a fee, com- 
mission, hire, reward or profit, accompanies other 
persons to or about social affairs, entertainments 
or places of amusement or consorts with others 
about any place of public resort or within any 
private quarters. Excluded from this definition 
are any persons employed by any business, agency 
or person excluded from the definition of "escort 
service" above. 

(c) Person. An individual, firm, partner- 
ship, joint venture, association, social club, fra- 
ternal organization, joint stock company, corpo- 
ration, estate, trust, business trust, receiver, 
trustee, syndicate, or any other group or combi- 
nation acting as a unit, excepting the United 
States of America, the State of California, and 
any political subdivision thereof. 

(d) Operator. Any person operating an es- 
cort service, including but not limited to the 
owner or proprietor of the premises upon which 
it is located, and the lessee, sublessee, or mort- 
gagee in possession. 



711 



Sec. 1074.1. 



San Francisco - Police Code 



712 



(e) Employee. Any and all persons who 
work in or about or render any services whatso- 
ever to the patrons or customers of an Escort 
Service and who receive compensation for such 
service. (Added by Ord. 323-81, App. 6/19/81) 

SEC. 1074.2. PERMIT REQUIRED. 

It shall be unlawful for any person to engage 
in, conduct or carry on, or to permit to be 
engaged in, conducted or carried on in the City 
and County of San Francisco, the operation of an 
escort service as herein defined, without first 
having obtained a permit from the Police Depart- 
ment. (Added by Ord. 323-81, App. 6/19/81) 

SEC. 1074.3. FILING FEE. 

Every person desiring a permit to maintain, 
operate or conduct an escort service shall file an 
application with the Chief of Police upon a form 
provided by said Chief of Police and pay a filing 
fee which shall not be refundable. Each such 
person shall pay an additional fee of $500 which 
shall be used by the Chief of Police to investigate 
said person's application as provided herein. Any 
unused portion of such additional fee shall be 
returned to the applicant at the conclusion of the 
hearing on his application. (Amended by Ord. 
555-81, App. 11/12/81) 

SEC. 1074.4. APPLICATION FOR 
ESCORT SERVICE PERMIT. 

The application for a permit to operate an 
escort service shall set forth the proposed place 
of business and facilities therefor and the name 
and present address of each applicant. 

In addition to the foregoing, any applicant for 
a permit shall furnish the following information 
or documents about the applicant if he is an 
individual, about each director and officer if it is 
a corporation, about each partner if it is a part- 
nership, or about each member if it is some other 
organization as listed in Section 1074.1(c): 

(a) The present address and the two previ- 
ous addresses immediately prior to the present 
address; 

(b) Written proof that each person is at 
least 18 years of age; 



(c) Height, weight, color of eyes and hair; 

(d) Three portrait photographs at least 2inch; 
x 2"; 

(e) Business occupation, or employment for 
the three years immediately preceding the date 
of application; 

(f) A listing of all criminal convictions ex- 
cept minor traffic violations including date and 
place of each such conviction; 

(g) If the applicant is a corporation, the 
name of the corporation exactly as shown in its 
articles of incorporation together with the names 
and residence addresses of each stockholder hold- 
ing more than 10 percent of the stock or benefi- 
cial ownership of the corporation. (If one or more 
of the partners of applicant is a corporation, 
these provisions apply to corporate applicant); 

(h) Whether applicant or each person of 
whom the above information is required or any 
other person who will be directly engaged in the 
management or operation of the Escort Service 
has been previously granted permits or licenses 
to engage in a business or occupation by the 
State of California or by the City and County of 
San Francisco, or a license or permit issued by 
the Alcoholic Beverage Control Commission, any 
of which permits or licenses has/have been re- 
voked by the granting authority because of vio- 
lation of law or violation of rules promulgated by 
the regulating agency. (The Chief of Police shall 
not take into account such revocation if such 
revocation occurred at least three years prior to 
the date of the application); and 

(i) Such other identification and informa- 
tion necessary to discover the truth of the mat- 
ters hereinbefore specified as required to be set 
forth in the application. 

Nothing contained herein shall be construed 
to deny to the Chief of Police the right to take the 
fingerprints and additional photographs of the 
applicant, its officers, directors, or partners nor 
shall anything contained herein be construed to 
deny the right of said Chief of Police to confirm, 
by independent investigation, the truth and ac- 
curacy of the above information. (Added by Ord. 
323-81, App. 6/19/81) 



713 



Escort Services 



Sec. 1074.10. 



SEC. 1074.5. EMPLOYEE PERMIT 
REQUIRED. 

It shall be unlawful for any escort or other 
employee to work in or about an escort service in 
the City and County of San Francisco or to 
perform any services in the City and County of 
San Francisco for a customer of an escort service 
wherever located without first securing a permit 
from the Chief of Police. (Added by Ord. 323-81, 
App. 6/19/81) 

SEC. 1074.6. EMPLOYEE PERMIT. 

Every person desiring an employee permit 
shall file an application with the Chief of Police 
on a form provided by said Chief of Police and 
pay a filing fee which shall not be refundable and 
shall pay to the Tax Collector a license fee 
annually, payable in advance. Every person now 
working as an escort or employee shall file for a 
permit within 30 days of the effective date of this 
Article. (Amended by Ord. 555-81, App. 11/12/81) 

SEC. 1074.7. APPLICATION FOR 
EMPLOYEE OF AN ESCORT SERVICE. 

The employee of an escort service filing for a 
permit shall furnish the following information: 

(a) Name; 

(b) Residence address; 

(c) Escort service in which the employee is 
currently working; 

(d) Two previous addresses immediately prior 
to the present address of the employee; 

(e) Weight, height, color of eye and hair; 

(f) Written proof that employee is at least 
18 years of age; 

(g) Three portrait photographs of at least 2" 
x 2"; 

(h) Previous employment of the employee 
for three years immediately preceding the date 
of application; 

(i) All criminal convictions except minor traf- 
fic violations including date and place of each 
such conviction; 

(j) Such other identification and informa- 
tion necessary to discover the truth of the mat- 
ters hereinbefore specified; and 



(k) Whether employee has been previously 
granted permits or licenses to engage in a busi- 
ness or occupation by the State of California or 
the City and County of San Francisco, any of 
which permits or licenses has/have been revoked 
by the granting authority. 

Nothing contained herein shall be construed 
to deny the Chief of Police the right to take the 
fingerprints and additional photographs of the 
applicant, nor shall anything contained herein 
be construed to deny the right of said Chief of 
Police to confirm, by independent investigation, 
the truth and accuracy of the above information. 
(Added by Ord. 323-81, App. 6/19/81) 

SEC. 1074.8. VERIFICATION OF 
APPLICATION. 

Every application for a permit under this 
Article shall be verified as provided in the Code 
of Civil Procedure of the State of California for 
the verification of pleadings. (Added by Ord. 
323-81, App. 6/19/81) 

SEC. 1074.9. CORPORATE APPLICANTS; 
EXEMPTION. 

The provisions Subsections (a), (b), (c), (d), (e) 
and (f) of the Section 1074.4 relating to require- 
ments for corporate applicants shall not apply to 
any of the following: 

(1) A corporation, the stock of which is listed 
on a stock exchange in the State of California or 
the City of New York, State of New York; 

(2) A bank, trust company, financial institu- 
tion or title company to which application is 
made or to whom a license is issued in a fiduciary 
capacity; and 

(3) A corporation which is required by law 
to file periodic reports with the Securities and 
Exchange Commission. (Added by Ord. 323-81, 
App. 6/19/81) 

SEC. 1074.10. CORPORATE PERMITTEE; 
MAINTENANCE OF STOCK REGISTER; 
REPORT. 

A. Any corporation holding a permit under 
this Article shall maintain a stock register at the 
principal office of the corporation in San Fran- 



Sec. 1074.10. 



San Francisco - Police Code 



714 



cisco and the stock register shall be available to 
the Police Department for inspection. Such cor- 
poration shall report to the department in writ- 
ing any of the following: 

(1) Issuance or transfer of any shares of 
stock or beneficial ownership thereof to any 
person where the issuance or transfer results in 
the person owning 10 percent or more of the 
stock or beneficial ownership of the corporation. 

(2) Changes of any of the corporate officers 
required to be reported by Section 821 of the 
California Corporations Code. 

(3) Changes of the members of its Board of 
Directors. The report shall be filed with the 
Police Department within 30 days after the issu- 
ance or transfer of corporate stock or beneficial 
ownership thereof, changes of corporate officers, 
or changes of members of the Board of Directors. 

B. The provisions of this Section shall not 
apply to any of the following: 

(1) A corporation, the stock of which is listed 
on a stock exchange in the State of California or 
in the City of New York, State of New York; 

(2) A bank, trust company, financial institu- 
tion or title company to which a permit is issued 
in a fiduciary capacity; or 

(3) A corporation which is required by law 
to file periodic reports with the Securities and 
Exchange Commission. (Added by Ord. 323-81, 
App. 6/19/81) 

SEC. 1074.11. NOTICE OF HEARING. 

When an application is filed for a permit 
under this Article, the Chief of Police shall fix a 
time and place for a public hearing thereon 
within 60 days from the date of application. Not 
less than 10 days before the date of such hearing, 
the Chief of Police shall cause to be posted a 
notice of such hearing in a conspicuous place on 
the property in which or on which the proposed 
escort service is to be operated. Such posting of 
notice shall be carried out by the Chief of Police 
or his designee, and the applicant shall maintain 
said notice as posted until the date of the hear- 
ing. (Added by Ord. 323-81, App. 6/19/81) 



SEC. 1074.12. ISSUANCE OF PERMIT 
FOR AN ESCORT SERVICE. 

The Chief of Police shall issue an escort 
service permit within 14 days following the hear- 
ing if all requirements for an escort service 
described in this Article are met unless he finds: 

(1) That the premises where the escort ser- 
vice business will be conducted does not comply 
with all applicable laws, including, but not lim- 
ited to, the Building, City Planning, Housing and 
Fire Codes of the City and County of San Fran- 
cisco, and the rules and regulations adopted by 
the Chief of Police pursuant to this Article; 

(2) That the applicant or an officer, director 
or partner thereof and any other person who will 
be directly engaged in the management and 
operation of an escort service has been convicted 
of an offense within or without the State of 
California that would have constituted any of the 
following offenses if committed within the State 
of California: 

(a) An offense involving conduct which re- 
quires registration pursuant to Section 290 of 
the Penal Code; 

(b) An offense involving the use of force and 
violence upon the person of another: 

(c) An offense involving sexual misconduct 
with children; or 

(d) An offense as defined in Sections 311, 
647(a), 647a, 647(b), 315, 316, 318, or 266 through 
267 inclusive of the Penal Code of the State of 
California; or 

(3) That the applicant, an officer, director or 
partner thereof or any other person who will be 
directly engaged in the management and opera- 
tion of the escort service has had a permit or 
license to engage in a business or occupation 
granted by the State of California or the City and 
County of San Francisco or a license or permit 
issued by the Alcohol Beverage Control Commis- 
sion revoked by the granting authority. 

The Chief of Police shall issue a permit to any 
person convicted of any of the crimes described 
in Subsections (2)(a), (2)(b), (2)(c), or (2)(d) of this 
Section or subjected to a license or permit revo- 
cation as described in Subsection (3) of this 
Section if he finds that the termination of any 



715 



Escort Services 



Sec. 1074.15. 



disability resulting from such conviction or revo- 
cation occurred at least three years prior to the 
date of the application and the applicant, its 
officers, directors and partners have had no 
subsequent felony convictions of any nature, no 
subsequent misdemeanor convictions for crimes 
mentioned in this Section and no permit or 
license revocations as mentioned in Subsection 
(3) of this Section. (Added by Ord. 323-81, App. 
6/19/81; amended by Ord. 217-87, App. 6/19/87) 

SEC. 1074.13. APPLICATIONS BARRED 
FOR ONE YEAR. 

Whenever any application is filed for a per- 
mit under this Article and said application has 
been denied by the Chief of Police, or a permit 
issued under this Article has been revoked, and 
no appeal has been taken to the Board of Permit 
Appeals or when any appeal from such denial or 
revocation has been taken to the Board of Permit 
Appeals and said Board has concurred in the 
judgment or order of denial or revocation, said 
application for said permit, or for a like permit 
for the same location or by the same applicant 
shall not be heard by the Chief of Police until the 
expiration of one year from the date of the 
previous denial or revocation of said permit or 
application and there shall be no appeal to said 
Board of Permit Appeals for failure or refusal to 
hear any such application or appeal within said 
one year period. For the purposes of this Section, 
"same applicant" shall mean a corporation hav- 
ing substantially the same shareholders as a 
prior corporate applicant, or a partnership hav- 
ing substantially the same membership as a 
prior partnership applicant; furthermore, "same 
applicant" shall mean any officer, director, share- 
holder or partner of a prior corporate or partner- 
ship applicant; provided, that when any permit 
is denied by reason of definite existing conditions 
which prevent the granting of said permit, and 
said conditions are removed or remedied, the one 
year's prohibition against reapplication will not 
apply. (Added by Ord. 323-81, App. 6/19/81; 
amended by Ord. 217-87, App. 6/19/87) 

SEC. 1074.14. ISSUANCE OF EMPLOYEE 
PERMITS. 

The Chief of Police shall issue an employee 
permit within 14 days following a hearing unless 



he finds that the applicant has had a permit or 
license to engage in a business or occupation 
granted by the State of California or the City and 
County of San Francisco or a permit or license 
granted by the Alcoholic Beverage Control Com- 
mission revoked by the granting authority or 
that the applicant has been convicted of any of 
the following offenses, or convicted of an offense 
within or without the State which would have 
constituted any of the following offenses if com- 
mitted within the State of California: 

(a) An offense involving conduct which re- 
quires registration pursuant to Section 290 of 
the Penal Code; 

(b) An offense involving the use of force and 
violence on the person of another; 

(c) An offense involving sexual misconduct 
with children; or 

(d) An offense as defined in Sections 311, 
647(a), 647a, 647(b), 315, 316, 318 or 266 through 
267, inclusive, of the Penal Code of the State of 
California. 

The Chief of Police shall issue a permit to any 
person subjected to a revocation as described in 
this Section or to any person convicted of any of 
the crimes enumerated in Subsections (a), (b), (c) 
or (d) of this Section if he finds that the termi- 
nation of any disability resulting from such con- 
viction or revocation occurred at least three 
years prior to the date of the application and the 
applicant has had no subsequent felony convic- 
tions of any nature, no subsequent misdemeanor 
convictions for crimes mentioned in this Section 
and no subsequent permit revocation mentioned 
in this Section. (Added by Ord. 323-81, App. 
6/19/81) 

SEC. 1074.15. REVOCATION OR 
SUSPENSION OF PERMIT. 

Any permit issued for an escort service or 
employee may be revoked or suspended by the 
Chief of Police after a hearing, in any case where 
any of the provisions of this Article or local or 
State law are violated or where any employee of 
the permittee has engaged in any conduct which 
violates any of the State or local laws or ordi- 
nances at permittee's place of business, or in any 



Sec. 1074.15. 



San Francisco - Police Code 



716 



case where the permittee or licensee refuses to 
permit any duly authorized police officer of the 
City and County of San Francisco to inspect the 
premises or the operations therein or when any 
of the rules or regulations adopted by the Chief 
of Police pursuant to this Article are violated. 
(Added by Ord. 323-81, App. 6/19/81) 

SEC. 1074.16. EMPLOYMENT OF 
PERSONS UNDER THE AGE OF 18 
PROHIBITED. 

It shall be unlawful for any owner, proprietor, 
manager or other person in charge of any escort 
service to employ any person who is not at least 
18 years of age. (Added by Ord. 323-81, App. 
6/19/81) 

SEC. 1047.17. AGE OF CUSTOMER. 

It shall be unlawful for any owner, proprietor, 
manager or other person in charge of an escort 
service to allow any person under the age of 18 
years to patronize an escort service as a cus- 
tomer or patron. (Added by Ord. 323-81, App. 
6/19/81) 

SEC. 1074.18. SALE OR TRANSFER. 

Upon sale, transfer or relocation of an escort 
service, the permit and license therefor shall be 
null and void unless approved as provided in 
Section 1074.25 herein; provided, however, that 
upon the death or incapacity of the permittee, 
the escort service may continue in business for a 
reasonable period of time to allow for an orderly 
transfer of the permit. 

If the permittee is a corporation, a transfer of 
25 percent of the stock ownership of the permit- 
tee will be deemed to be a sale or transfer and 
the permit and license therefor shall be null and 
void unless approved as provided in Section 
1074.25 herein; provided, however, that the pro- 
vision shall not apply to a permittee corporation, 
the stock of which is listed on a stock exchange in 
this State or in the City of New York, State of 
New York, or which is required by law to file 
periodic reports with the Security and Exchange 
Commission. (Added by Ord. 323-81, App. 6/19/ 
81) 



SEC. 1074.19. NAME AND PLACE OF 
BUSINESS— CHANGE OF LOCATION. 

No person granted a permit pursuant to this 
Article shall operate under any name or conduct 
his business under any designation for any loca- 
tion not specified in his permit. (Added by Ord. 
323-81, App. 6/19/81) 

SEC. 1074.20. INSPECTION. 

The Police Department may, from time to 
time during business hours, inspect each escort 
service in the City and County of San Francisco 
for the purposes of determining that there is 
compliance with the provisions of this Article. 
(Added by Ord. 323-81, App. 6/19/81; amended 
by Ord. 217-87, App. 6/19/87) 

SEC. 1074.21. DAILY REGISTER. 

Every person who engages in, conducts, or 
carries on the operation of an escort service shall 
keep a daily register, approved as to form by the 
Police Department, containing the following in- 
formation: 

(a) The identification of all employees em- 
ployed by such establishment together with a 
duplicate of each of said employees' employee 
permit; 

(b) The hours of employment of each em- 
ployee for each day; and 

(c) The names of all patrons, including true 
full names, residential addresses, including street, 
city and state, hours of employment of escort 
service, name of escort or employee providing 
escort services, location and place where escort 
services took place, and fee charged. 

Said daily register shall at all times during 
business hours be subject to inspection by the 
Police Department only for the limited purpose 
of determining that said daily registers are being 
maintained in compliance with the provisions of 
this Section and shall be kept on file for one year 
on the premises. Any evidence so obtained shall 
not be admissible for any purpose other than 
proof of compliance or noncompliance with this 
Section. The Police Department and the Health 
Department are authorized to inspect said daily 
registers for other purposes or to obtain informa- 



717 



Escort Services 



Sec. 1074.29. 



tion therefrom only if they have first obtain a 
warrant. (Added by Ord. 323-81, App. 6/19/81; 
amended by Ord. 217-87, App. 6/19/87) 

SEC. 1074.22. PROHIBITED ACTIVITIES. 

No person who is a patron of an escort service 
shall place or cause to be placed in the daily 
register a false name or address. (Added by Ord. 
323-81, App. 6/19/81; amended by Ord. 217-87, 
App. 6/19/87) 



SEC. 1074.23. 
ASSISTING. 



COUNSELING OR 



No person shall permit, counsel or assist any 
other person in the violation of any provision of 
this Article. (Added by Ord. 323-81, App. 6/19/81) 

SEC. 1074.24. LICENSE FEES. 

Every permittee who conducts or assists in 
conducting any escort service as defined herein 
shall pay to the Tax Collector a license fee 
annually, payable in advance. The license fee 
prescribed in this Section is due and payable on 
a calendar year basis starting 45 days after the 
effective date of this Article prorated with regard 
to the calendar year on a monthly basis. Fees for 
new licenses issued after the first day of Janu- 
ary, 1981, or in any subsequent calendar year 
shall be prorated with regard to the calendar 
year on a monthly basis. (Amended by Ord. 
555-81, App. 11/12/81) 



SEC. 1074.25. TRANSFER OR 
ASSIGNMENT OF PERMIT. 

No permit shall be transferred or assigned 
except with the written consent of the Chief of 
Police. An application for such a transfer shall be 
in writing and shall be accompanied by the same 
filing fee as for an initial application. The writ- 
ten application for such transfer shall contain 
the same information as required herein for an 
initial application for such a permit. (Amended 
Ord. 555-81, App. 11/12/81) 



SEC. 1074.26. PENALTY- 
MISDEMEANOR OR INFRACTION. 

Any person who willfully violates any provi- 
sion of this Article shall be deemed guilty of a 
misdemeanor or an infraction. 

(a) If charged as an infraction, the penalty 
upon conviction of such person shall be a fine not 
exceeding $500. 

(b) If charged as a misdemeanor, the pen- 
alty upon conviction of such person, shall be 
imprisonment in the County Jail for a period not 
to exceed six months or by a fine not exceeding 
$1,000, or by both such fine and imprisonment. 

(c) The complaint charging such violation 
shall specify whether the violation charged is a 
misdemeanor or an infraction. Such charging 
decisions shall be at the sole discretion of the 
District Attorney. 

(d) Nothing herein shall prohibit the Dis- 
trict Attorney from exercising the discretion vested 
in him by law to charge an operator, employee, or 
any other person associated with an escort ser- 
vice with violating this or any other local or state 
law. (Added by Ord. 323-81, App. 6/19/81) 

SEC. 1074.27. TIME LIMIT FOR 
OBTAINING PERMIT. 

All premises required to obtain a permit and 
license pursuant to this Article must obtain a 
permit within 60 days of the effective date of this 
Article; failure to do so shall make continued 
operation of said escort service a violation of 
Section 1074.2 hereof. (Added by Ord. 323-81, 
App. 6/19/81; amended by Ord. 217-87, App. 
6/19/87) 

SEC. 1074.28. RULES AND 
REGULATIONS. 

The Chief of Police may adopt rules and 
regulations supplemental to this Article and not 
in conflict therewith. (Added by Ord. 323-81, 
App. 6/19/81; amended by Ord. 217-87, App. 
6/19/87) 

SEC. 1074.29. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article, 



Sec. 1074.29. San Francisco - Police Code 718 

or application thereof to any person or circum- 
stances, is for any reason held to be unconstitu- 
tional or invalid or ineffective by any court of 
competent jurisdiction, such decision shall not 
affect the validity or effectiveness of the remain- 
ing portions of this Article or any part thereof. 
The Board of Supervisors hereby declares that it 
would have passed such section, subsection, sub- 
division, paragraph, sentence, clause or phrase 
thereof, irrespective of the fact that any one or 
more sections, subsections, subdivisions, para- 
graphs, sentences, clauses or phrases be de- 
clared unconstitutional or invalid or ineffective. 
(Added by Ord. 323-81, App. 6/19/81; amended 
by Ord. 217-87, App. 6/19/87) 



[The next page is 729] 



ARTICLE 16: REGULATIONS FOR MOTOR VEHICLES FOR HIRE 




DIVISION I 

PROVISIONS GOVERNING 

ALL VEHICLES 

Sec. 1075. Declaration of Policy. 

Sec. 1076. Definitions. 

Sec. 1077. Administration of This Article; 

Authority to Issue Regulations. 
Sec. 1078. Permit Required for Operation 

of Motor Vehicles for Hire; 

Exclusions. 
Sec. 1079. Issuance of Permits; 

Applications; Hearings. 
Sec. 1080. Permit Applications. 
Sec. 1081. Factors Considered in Issuing 

Permits; Driving Requirements. 
Sec. 1081.5. Driving Requirements for 

Designated Taxi Company Key 

Personnel. 

Sec. 1082. Only Natural Persons Licensed; 

One Permit Per Person; 

Individual Permittees Only; 

Exceptions. 
Sec. 1083. Sale or Transfer of Corporate 

Permittee; Corporate Records. 
Sec. 1084. Permits a Privilege; 

Nontransferability of Permits; 

Notice Re Death of Permittee; 

Lease of Permit Prohibited After 

Permittee's Death. 

Permit Fees. 

Duration of Licenses, Etc.; 

Existing Permits. 

Enforcement Fund. 

Medallions. 

Drivers Permits. 

Revocation of Permits. 

Insurance Required. 

Filing Insurance Policies or 

Bond with Police Commission. 
Sec. 1093. New Policy to be Furnished. 



Sec. 


1085 


Sec. 


1086 


Sec. 


1087 


Sec. 


1088 


Sec. 


1089, 


Sec. 


1090. 


Sec. 


1091, 


Sec. 


1092, 



Sec. 1094. Provisions for Self-Insurers. 
Sec. 1095. Information to be Filed with 

Chief of Police. 
Sec. 1096. Continuous Operation Required. 
Sec. 1097. Safe, Clean Operation Required. 
Sec. 1098. Smoking by Drivers Prohibited. 
Sec. 1099. Sanitary Condition. 
Sec. 1100. Brake Inspection. 
Sec. 1101. Driving Recklessly or Under 

Influence of Intoxicants 

Prohibited. 
Sec. 1102. Loading Regulated. 
Sec. 1103. Posting Schedule of Rates. 
Sec. 1105. Solicitation Prohibited. 
Sec. 1107. Reports of Lost Property. 
Sec. 1108. Public Stands. 
Sec. 1109. Regulating Standing. 
Sec. 1110. False Statements Prohibited. 

DIVISION II 
TAXICABS 

Permits 

Sec. 1120. Taxicab Permits. 

Sec. 1121. Permit Applications; Driving 

Experience Required. 
Sec. 1122. Eligibility for Taxicab Permits. 
Sec. 1123. Radio Dispatch Capability. 
Sec. 1124. Lease of Taxicab Permit. 
Sec. 1124.5. Employee Status for Drivers. 
Sec. 1125. Taxicab Color Schemes; 

Adoption; Permits; Changes. 
Sec. 1126. Name on Vehicle. 
Sec. 1127. Taxicab Dispatch Service 

Permits. 

Regulations Governing Operations 

Sec. 1135. Rates for Taxicabs. 
Sec. 1135.1. Gate Fees. 



729 



Supp. No. 14, February 2008 



San Francisco - Police Code 



730 



Sec. 1135.2. 

Sec. 1135.3. 

Sec. 1136. 

Sec. 1137. 

Sec. 1137.5. 

Sec. 1138. 

Sec. 1139. 

Sec. 1140. 

Sec. 1141. 

Sec. 1142. 

Sec. 1143. 



Sec. 1144. 

Sec. 1145. 

Sec. 1146. 

Sec. 1147. 

Sec. 1147.1. 

Sec. 1147.2. 

Sec. 1147.3. 

Sec. 1147.4. 

Sec. 1147.5. 

Sec. 1147.6. 

Sec. 1147.7. 

Sec. 1147.8. 

Sec. 1147.9. 



Sec. 
Sec. 
Sec. 



1148. 

1148.1. 

1148.2. 



Sec. 1148.3. 



Gate Fee Surcharge for Low 

Emission Vehicles. 

Reduced Emissions by 

Company. 

Rates for Baggage. 

Review of Rates of Fare and 

Cap on Gate Fees. 

Increased Cost of Paratransit 

Program. 

Waybill. 

Emergency Rates for Taxicabs. 

Taximeters. 

Disagreement as to Fare; 

Receipt. 

Refusal to Convey; Excessive 

Charges. 

Refusal to Convey; Refusal to 

Obey Posted "No Smoking" 

Sign. 

Taximeter Operation. 

Penalty for Refusal to Pay Fare. 

Deduction for Time While 

Disabled. 

Purpose. 

Driver Education. 

Safety Equipment. 

Review. 

Compliance with Workers' 

Compensation Requirements. 

Limitation of Liability. 

Penalties. 

Ban on Tobacco Advertising. 

Participation in Paratransit 

Program. 

Cab Pooling. 

DIVISION IIA 
RAMPED TAXIS 

Permits. 

Permit Applications. 

Eligibility for Permit for 

Ramped Taxi. 

Additional Considerations for 

Issuance of Permits. 



Sec. 1148.4. Permit Operation. 
Sec. 1148.5. Ramped Taxi Operations. 
Sec. 1148.6. Use of Ramped Taxi Permit in 
Spare Taxicab. 

DIVISION III 
JITNEY BUSES 

Sec. 1150. Jitney Permits. 

Sec. 1151. Approval of Routes Required. 

Sec. 1152. Rates and Fares for Jitney 

Buses. 
Sec. 1153. Suspension of Operation. 
Sec. 1154. Emergency Permits. 

DIVISION IV 

SIGHTSEEING AND 

INTERURBAN BUSES 

Sec. 1155. Sightseeing and Interurban Bus 
Permits. 

1156. Name on Vehicle. 

1157. Temporary Sightseeing Bus 
Permits. 

Sec. 1158. Filing Routes and Fares for 
Sightseeing Buses. 

DIVISION V 
MOTORIZED RICKSHAWS 

Sec. 1160. Motorized Rickshaw Permits. 
Sec. 1161. Rates for Motorized Rickshaws. 

DIVISION VI 
LIMOUSINES 

Sec. 1165. Inspection of Limousine 

Waybills. 
Sec. 1166. Union Square Stands. 

DIVISION VII 
EMPLOYER'S BUS STANDS 

Sec. 1170. Employer's Bus Stands. 

Sec. 1171. Use of Employer's Bus Stands 

Prohibited by Unauthorized 

Vehicles; Penalty. 



Sec. 
Sec. 



Supp. No. 14, February 2008 



731 







DIVISION VIII 






RENTAL VEHICLES 


Sec. 


1175. 


Businesses of Renting or 
Leasing Motor Vehicles and/or 
Trailers for a Period of 60 Days 
or Less Without Driver or 
Operator. 


Sec. 


1176. 


Definitions. 


Sec. 


1177. 


Permit Required. 


Sec. 


1178. 


Records to be Kept; Contents. 


Sec. 


1179. 


Driver's License Required. 


Sec. 


1180. 


License Fees. 



DIVISION IX 
RESTRICTED AREAS 

Sec. 1183. Operation of 

Passenger-Carrying Commercial 
Motor Vehicles Within Certain 
Streets and Areas, Prohibited. 

1183.1. Restricted Areas. 

1183.2.1. Restricted Areas. 



Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 



1183.3. Restricted Areas. 

1183.4. Restricted Areas. 

1183.5. Restricted Areas. 

1183.6. Restricted Areas. 

1183.7. Restricted Areas. 

1183.8. Restricted Areas. 

1183.9. Restricted Areas. 

1183.10. Restricted Areas. 

1183.11. Restricted Areas. 

1183.12. Restricted Areas. 

1183.13. Restricted Areas. 

1183.14. Restricted Areas. 

1183.15. Restricted Areas. 

1183.16. Restricted Areas. 

1183.17. Restricted Areas. 

1183.18. Restricted Areas. 

1183.19. Restricted Areas. 

1183.20. Restricted Areas. 

1183.21. Restricted Areas. 

1183.22. Restricted Areas. 

1183.23. Restricted Areas. 

1183.24. Restricted Areas. 



ehic] 


les for Hire Sec. 1075 


Sec. 


1183.25. 


Restricted Areas. 


Sec. 


1183.28. 


Restricted Areas. 


Sec. 


1183.29. 


Restricted Areas. 


Sec. 


1183.30. 


Restricted Areas. 


Sec. 


1183.31. 


Restricted Areas. 


Sec. 


1183.32. 


Restricted Areas. 


Sec. 


1183.33. 


Restricted Areas. 


Sec. 


1183.34. 


Restricted Areas. 


Sec. 


1183.35. 


Restricted Areas. 


Sec. 


1183.36. 


Restricted Areas. 


Sec. 


1183.37. 


Restricted Areas. 


Sec. 


1183.38. 


Restricted Areas. 


Sec. 


1183.39. 


Restricted Areas. 


Sec. 


1183.40. 


Restricted Areas. 

DIVISION X 
PENALTIES 


Sec. 


1185. 


Penalties. 


Sec. 


1186. 


Full-time Driving Requirement; 
Violations; Administrative 
Penalties. 


Sec. 


1187. 


Commission Rules and 
Regulations; Violations; 
Administrative Penalties. 


Sec. 


1187.1. 


Operating Without a Permit; 
Violations; Administrative 
Penalties. 


Sec. 


1188. 


Procedures for Administrative 
Penalties. 




DIVISION I 

PROVISIONS GOVERNING ALL 

VEHICLES 



SEC. 1075. DECLARATION OF POLICY. 

The Board of Supervisors of the City and 
County of San Francisco hereby declare it shall 
be the policy of the City and County of San 
Francisco that: 

(a) All motor vehicle for hire permits issued 
by the City and County of San Francisco are the 
property of the people of the City and County of 
San Francisco and shall not be sold, assigned or 
transferred. 



Supp. No. 14, February 2008 



Sec. 1075. 



San Francisco - Police Code 



732 



(b) A sufficient number of permits for each 
type, kind, or class of motor vehicle for hire shall 
be issued to assure adequate service to the 
public, including residents, commuters, tourists 
and other visitors. 

(c) All taxicabs shall be operated with an 
effective 24-hour radio dispatch service to assure 
prompt, safe and adequate service for all resi- 
dents of the City and County of San Francisco, 
including, without limitation, elderly and handi- 
capped persons, in all locations throughout the 
City and County. 

(d) Taxicab operators may charge less than 
the maximum fare set by law, as set forth below. 

(e) All commercial operation of motor ve- 
hicles for hire in the City and County of San 
Francisco shall be subject to regulation under 
this Article, except to the extent that such regu- 
lation is preempted or precluded by state or 
federal law. It is the intent of the Board of 
Supervisors that this Article shall apply to all 
motor vehicles for hire, including those which 
may from time to time be deregulated by state or 
federal authority although now or in the future 
exempted from regulation hereunder by virtue of 
state or federal law. 

(f) The public will benefit from additional 
efforts to enforce the provisions of this Article, 
and a portion of the cost of enforcement should 
be funded through fees collected from holders of 
permits issued under this Article. (Added by 
Ord. 562-88, App. 12/27/88) 

SEC. 1076. DEFINITIONS. 

For purposes of this Article the following 
words and phrases are defined and shall be 
construed as hereinafter set forth: 

(a) "Motor Vehicle for Hire" Defined. A "mo- 
tor vehicle for hire" is hereby defined to mean 
and include every type, kind and class of pri- 
vately owned motor-propelled passenger-carry- 
ing vehicle for hire over which the City and 
County of San Francisco may exercise jurisdic- 
tion. 

(b) "Taxicab" Defined. A "taxicab" is hereby 
defined to be a motor vehicle for hire of a 
distinctive color or colors and which is operated 



at rates per mile or upon a waiting-time basis, or 
both, and which is equipped with a taximeter 
and which is used for the transportation of 
passengers for hire over and along the public 
streets, not over a defined route but, as to the 
route and destination, in accordance with and 
under the direction of the passenger or person 
hiring such vehicle. A "taxicab" does not include 
motor vehicles for hire herein defined as "ramped 
taxis." 

(c) "Taximeter" Defined. A "taximeter" is 
hereby defined to be an instrument or device 
attached to a motor vehicle for hire by means of 
which instrument or device the charge autho- 
rized for hire of such vehicle is mechanically 
calculated either on a basis of distance traveled 
or for waiting time, or a combination thereof, 
which charges shall be indicated upon such taxi- 
meter by means of figures, in dollars and cents. 

(d) "Taxicab Dispatch Service" Defined. A 
"taxicab dispatch service" is hereby defined to be 
any person, business, firm, partnership, associa- 
tion or corporation which holds itself out to the 
public in general as a source of taxicab service by 
or through which taxicabs may be summoned or 
dispatched by radio. 

(e) "Taxicab Color Scheme" Defined. A "taxi- 
cab color scheme" is hereby defined to be any 
color scheme, design or dress for taxicabs that is 
distinguishable from the color scheme, design or 
dress customarily used for private automobiles. 

(f) "Jitney" Defined. A "jitney" or "jitney 
bus" is defined to be a motor vehicle for hire less 
than 20 feet in length traversing the public 
streets between certain definite points or termini 
and conveying no more than 15 passengers for a 
fixed charge, between such points or any inter- 
mediate points, and so held out, advertised or 
announced; provided, however, that the size and 
passenger limitations established herein shall 
not apply to any vehicle operated as of July 1, 
1983. A jitney bus is hereby declared to be a 
common carrier and is subject to the regulations 
prescribed in the Municipal Code and in this 
Article. 



Supp. No. 14, February 2008 



732.1 Regulations for Motor Vehicles for Hire Sec. 1076. 



(g) "Motorized Rickshaw" Defined. A "motor- 
ized rickshaw" is hereby defined to be a passenger- 
carrying motor vehicle for hire having three or 
four wheels, convertible type, designed to carry 
not more than four passengers. The gross weight 
of a motorized rickshaw shall not exceed 4,700 
pounds, unloaded, and shall have a wheelbase 
not to exceed 95 inches, and shall have an engine 
not to exceed four cylinders. A motorized rick- 
shaw shall have a cloth hood over the rear 
seating area that shall resemble the hood of a 
traditional oriental rikisha or jinrikisha. 



Supp. No. 14, February 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 14, February 2008 



733 



Regulations for Motor Vehicles for Hire 



Sec. 1076. 



(h) "Limousine" Defined. A "limousine" is 
hereby defined to be a passenger-carrying motor 
vehicle for hire, of private appearance (except as 
to license plates), not equipped with a taximeter, 
designed to accommodate seven or eight persons, 
inclusive of a driver, and used for the transpor- 
tation of persons for hire over and along the 
public streets, not over a fixed and defined route 
but, as to route and destination, in accordance 
with and under the direction of the passenger or 
person hiring such limousine, the charges for use 
of which are based upon rates per mile, per trip, 
per hour, per day, per week or per month. 

(i) "Funeral Limousine" Defined. A "funeral 
limousine" is hereby defined to be any limousine 
used exclusively in the business of any under- 
taker or funeral director. 

(j) "Sightseeing Bus" Defined. A "sightsee- 
ing bus" is hereby defined to be a motor vehicle 
for hire used in the conveyance, for hire, of 
tourists and sightseers, over the public streets, 
for the purpose of a sightseeing trip or tour in the 
visiting and viewing of places of interest. A 
"sightseeing bus" is hereby defined to be a com- 
mon carrier and subject to the regulations pre- 
scribed in the Municipal Code and this Article. 

(k) "Interurban Bus" Defined. An "interur- 
ban bus" is hereby defined to be a motor vehicle 
for hire, other than a jitney bus used for trans- 
porting passengers for hire over and along the 
public streets between certain definite points or 
termini, one within and the other without the 
limits of the City and County of San Francisco. 
An "interurban bus" is hereby declared to be a 
common carrier and subject to the regulations 
prescribed in the Municipal Code and this Ar- 
ticle. 

(1) "Permittee" Defined. "Permittee" is hereby 
defined to mean any person, business, firm, 
partnership, association or corporation which 
holds any permit or license issued by or under 
the authority of the City and County of San 
Francisco to operate or drive any motor vehicle 
for hire. "Permit holder" means "permittee." 

(m) "Operator" Defined. "Operator" is hereby 
defined to mean any person, business, firm, 
partnership, association or corporation licensed 



by the City and County of San Francisco pursu- 
ant to the provisions of this Article and any agent 
of such permittee including, but not limited to, 
any manager or lessee of said permittee. 

(n) "Driver" Defined. "Driver" is hereby de- 
fined to mean any person engaged in the me- 
chanical operation and having physical charge or 
custody of a motor vehicle for hire while said 
motor vehicle for hire is available for hire or is 
actually hired. 

(o) "Full-Time Driver" Defined. "Full-time 
driver" is hereby defined to mean any driver 
actually engaged in the mechanical operation 
and having physical charge or custody of a motor 
vehicle for hire which is available for hire or 
actually hired (i) for at least four hours during 
any 24-hour period on at least 75 percent of the 
business days during the calendar year or (ii) for 
at least 800 hours during the calendar year. 

(p) "Stand" Defined. "Stand" is hereby de- 
fined to be a place designated by the Department 
of Public Works for the use, while awaiting 
employment, of the particular motor-propelled 
passenger-carrying vehicles authorized to utilize 
the same. 

(q) "Police Commission" Defined. "Police 
Commission" as used herein means the Police 
Commission of the City and County of San Fran- 
cisco. 

(r) "Police Department" Defined. "Police De- 
partment" as used herein means the Police De- 
partment of the City and County of San Fran- 
cisco. 

(s) "Chief of Police" Defined. "Chief of Po- 
lice" as used herein means the Chief of Police of 
the Police Department of the City and County of 
San Francisco and his designated agents within 
the Police Department. 

(t) "Tax Collector" Defined. "Tax Collector" 
as used herein means the Tax Collector of the 
City and County of San Francisco. 

(u) "Controller" Defined. "Controller" as used 
herein means the Controller of the City and 
County of San Francisco. 



Sec. 1076. 



San Francisco - Police Code 



734 



(v) "Department of Public Works" Defined. 
"Department of Public Works" as used herein 
means the Department of Public Works of the 
City and County of San Francisco. 

(w) "Employer's Bus" Defined. "Employer's 
bus" as used herein means a bus or other vehicle 
capable of transporting 12 or more persons, 
including the driver, which is regularly operated 
and maintained in order to transport employees 
to and from various business locations by a 
person or corporation which employs 100 or more 
persons at one location within the City and 
County of San Francisco. 

(x) "Employer's Bus Stand" Defined. 
"Employer's bus stand" as used herein means 
that portion of the street which the Department 
of Public Works designates as reserved for the 
exclusive use of one or more employer's buses in 
order to load and unload passengers at a busi- 
ness location of the employer. 

(y) "Ramped Taxi" Defined. A "ramped taxi" 
as used herein is a motor vehicle for hire of a 
distinctive color or colors operated at rates per 
mile or upon a waiting-time basis, or both, which 
is a minivan or similar vehicle specially adapted 
via ramp access for wheelchair users, which is 
also equipped with a taximeter, and which pri- 
oritizes requests for service from wheelchair 
users for purposes of transportation over and 
along the public streets, not over a defined route 
but, as to the route and destination, in accor- 
dance with and under the direction of the pas- 
senger or person hiring such vehicle. (Added by 
Ord. 562-88, App. 12/27/88; Ord. 64-97, App. 
3/6/97; Ord. 111-04, File No. 040343, App. 7/1/ 
2004) 

SEC. 1077. ADMINISTRATION OF THIS 
ARTICLE; AUTHORITY TO ISSUE 
REGULATIONS. 

(a) Rules and Regulations. The Taxi Com- 
mission from time to time shall, after a noticed 
public hearing, adopt such rules and regulations 
to effect the purposes of this Article as are not in 
conflict therewith. 



(b) Administration of Regulations. As 

set forth elsewhere in this Article, the Taxi 
Commission shall be charged with administering 
and enforcing the provisions of this Article, and 
any rules or regulations promulgated hereunder. 

(c) Enforcement. In addition to the admin- 
istrative penalties set forth in Section 1090 of 
this Article, violations of the Commission's Rules 
may be punished as infractions as set forth in 
Section 1185(d). (Added by Ord. 562-88, App. 
12/27/88; amended by Ord. 106-99, File No. 
990006, App. 5/7/99) 

SEC. 1078. PERMIT REQUIRED FOR 
OPERATION OF MOTOR VEHICLES FOR 
HIRE; EXCLUSIONS. 

(a) Permit Required. No person, busi- 
ness, firm, partnership, association or corpora- 
tion shall drive or operate any motor vehicle for 
hire on the public streets of the City and County 
of San Francisco, nor shall any person, business, 
firm, partnership, association or corporation op- 
erate any taxicab radio-dispatch service or taxi- 
cab color scheme in the City and County of San 
Francisco, without a permit issued by the Taxi 
Commission authorizing such driving or opera- 
tion in accordance with the provisions of this 
Article. 

(b) Limitation on Types of Vehicles for 
Hire. No person, business, firm, partnership, 
association or corporation shall drive or operate, 
directly or indirectly, any motor vehicle for hire 
on the public streets of the City and County of 
San Francisco which is not specifically defined in 
this Article; provided, however, that the Taxi 
Commission may declare, after a noticed public 
hearing, that the public convenience and neces- 
sity require the operation of a type, kind or class 
of motor vehicle for hire not herein defined, and 
issue a permit or permits for such type, kind or 
class of motor vehicle for hire in accordance with 
the procedures and provisions set forth in Sec- 
tions 1079 through 1081 of this Article. 

(c) Exclusions for Vehicles Licensed in 
Other Jurisdictions. This Article shall not 
apply to any motor vehicle for hire duly licensed 
by any city, county or other public entity which 



735 



Regulations for Motor Vehicles for Hire 



Sec. 1079. 



may enter the City and County of San Francisco 
for the purpose of delivering passengers who 
have hired said motor vehicle for hire within a 
jurisdiction in which said motor vehicle for hire 
is licensed to operate; provided, however, that no 
such motor vehicle for hire shall accept or be 
hired by any passenger while in the City and 
County of San Francisco. 

(d) Exclusion for Vehicles Licensed by 
California PUC. This Article shall not apply to 
the operation of motor vehicles engaged in the 
business of, or used for, transporting passengers 
for hire when such motor vehicles are operated 
under and by authority of certificates of public 
convenience and necessity issued by the Public 
Utilities Commission of the State of California; 
provided, however, that this clause shall be con- 
strued to create an exception only to the extent, 
character and type of operation expressly pre- 
scribed and authorized by the certificate issued 
by said Public Utilities Commission and shall be 
limited by and entirely within the scope of said 
certificate as issued by said Public Utilities Com- 
mission. No limousine or other charter-party 
carrier of passengers, whether licensed by the 
California Public Utilities Commission or not, 
shall operate as a taxicab on the public streets of 
the City and County of San Francisco without a 
permit issued by the Taxi Commission authoriz- 
ing such driving or operation in accordance with 
the provisions of this Article. 

(e) Partial Exclusion for Funeral Lim- 
ousines. Any person engaged in the business of 
undertaker or funeral director desiring a permit 
for the operation of a limousine or limousines 
used solely in connection with said business 
shall not be required to qualify under Sections 
1079 through 1081 or Sections 1091 through 
1094 of this Article; provided, however, that the 
Taxi Commission shall have the power to grant 
permits exclusively for such funeral limousines 
after a noticed hearing on an application there- 
for. The Taxi Commission may prescribe the form 
and content for such applications. All funeral 
limousine permittees shall be subject to the 
condition and rulemaking authority of the Taxi 
Commission and the Executive Director of the 



Taxi Commission as provided for in Section 1077 
of this Article. Such permits shall be nonassign- 
able and nontransferable. 

(f) Exclusion for Employer's Buses. No 

permit is required under this Article for the 
operation of an employer's bus as defined in 
Section 1076(w). 

(g) Exclusion for Private Ambulances. 

This Article shall not apply to private ambu- 
lances regulated under Part II, Chapter V of the 
Municipal Code (Health Code). 

(h) Exclusions for Rail Vehicles. This 
Article shall not apply to any vehicle operating 
on fixed tracks or rails. (Added by Ord. 562-88, 
App. 12/27/88; amended by Ord. 15-06, File No. 
051720, App. 1/20/2006) 

SEC. 1079. ISSUANCE OF PERMITS; 
APPLICATIONS; HEARINGS. 

(a) Scope of Section. To the extent the 
provisions of this Section and Sections 1080 
through 1088 of this Article are inconsistent with 
the provisions of Sections 2.1 through 2.30 of 
Article I of the San Francisco Police Code, the 
provisions of this Article shall be applicable to all 
permits for the operation of motor vehicles for 
hire granted pursuant to this Article; provided, 
however, that certain alternative and additional 
provisions with respect to permits for the opera- 
tion of taxicabs are set forth below in Sections 
1120 et seq. Provisions of this Section shall not 
apply to taxicab dispatch service, taxicab color 
scheme permits, or permits for the operation of a 
rental vehicle business under Division 8 of this 
Article. 

(b) Taxi Commission to Issue Permits. 

The Taxi Commission shall issue permits for the 
operation of motor vehicles for hire that are 
provided for in this Article as the public conve- 
nience and necessity shall require. The Taxi 
Commission shall not issue a permit for any 
motor vehicle for hire service not defined in 
Section 1076 hereof, except as provided for in 
Section 1078(b) of this Article. 

(c) Declaration of Public Convenience 
and Necessity. No permit shall be issued for the 
operation of any motor vehicle for hire unless 



Sec. 1079. 



San Francisco - Police Code 



736 



and until the Taxi Commission shall by resolu- 
tion declare that public convenience and neces- 
sity require the proposed service for which appli- 
cation for a permit is made and the applicant is 
found to be eligible under all the requirements of 
this Article. 

(d) Hearings to Determine Public Con- 
venience and Necessity. The Taxi Commission 
shall hold hearings to determine public conve- 
nience and necessity pursuant to all applications 
for the issuance of permits to operate motor 
vehicles for hire. Protests against the issuing of a 
permit may be filed with the Taxi Commission. 
The Taxi Commission shall consider all protests 
and in conducting its hearing shall have the 
right to call such additional witnesses as it 
desires. In all such hearings, the burden of proof 
shall be upon the individual applicant to estab- 
lish by clear and convincing evidence that public 
convenience and necessity require the operation 
of the vehicle or vehicles for which permit appli- 
cation has been made, and that such application 
in all other respects should be granted. Subject 
to the provisions of Subsection (e) of this Section, 
hearings on applications for declaration of public 
convenience and necessity shall be held at least 
once each calendar year for each type, kind or 
class of permit for which one or more applica- 
tions are pending. 

(e) Consolidation of Hearings Permit- 
ted. The Taxi Commission may consolidate for 
hearing and determination of public convenience 
and necessity all applications for a given type, 
kind or class of permit. Any declaration of public 
convenience and necessity made by the Taxi 
Commission pursuant to such a consolidated 
hearing shall be valid and binding as to the total 
number of permits authorized for a particular 
type, kind or class of permit and as to each 
application included for hearing in said consoli- 
dated hearing and shall have continuing force 
and effect until the next subsequent Taxi Com- 
mission hearing on public convenience and ne- 
cessity as to that particular type, kind or class of 
permit. Any applicant whose application is called 
for hearing at a consolidated hearing may rely 
upon the testimony and evidence adduced before 
the Taxi Commission by other pending conve- 



nience and necessity, in the sole discretion and 
judgment of the individual applicant; provided, 
however, that the burden of proof in establishing 
public convenience and necessity shall remain on 
each applicant. 

(f) Role of Controller. Prior to increasing 
the total number of authorized permits, the Taxi 
Commission shall notify the Controller of the 
proposed increase and receive from the Control- 
ler, within 30 days of the Controller's receipt of 
the Taxi Commission notice, a report including 
the Controller's recommendation for an adjust- 
ment in the mean gate fee cap and/or in rates of 
fare for taxicabs, and/or the institution of tem- 
porary permit lease fee controls, necessary to 
maintain income of drivers and color scheme 
permitholders. 

(g) Notice of Commission's Determina- 
tion. Written notice of a declaration of public 
convenience and necessity by the Taxi Commis- 
sion shall be given to all subject applicants and 
all protestors whose names and addresses are 
known to said Commission. Such notice shall be 
given forthwith upon the adoption of such decla- 
ration. A declaration of public convenience and 
necessity made at or as a result of a consolidated 
hearing under Subsection (e) of this Section may 
be appealed to the Board of Appeals as set forth 
in Section 4.106 of the Charter of the City and 
County of San Francisco. Prior to increasing the 
total number of authorized permits beyond the 
currently authorized number if the Taxi Commis- 
sion has not authorized an increase, or beyond 
any increase authorized by the Taxi Commis- 
sion, the Board of Appeals shall notify the Con- 
troller of the Board of Appeals' proposed increase 
and receive from the Controller within 30 days of 
the Controller's receipt of the Board of Appeals 
notice, a report including the Controller's recom- 
mendation for an adjustment in the mean gate 
fee cap and/or in rates of fare for taxicabs, and/or 
the institution of permit lease fee controls, nec- 
essary to maintain income of drivers and color 
scheme permitholders. 

(h) If the Taxi Commission or the Board of 
Appeals authorizes the issuance of any addi- 
tional number of taxicab permits above the 1381 



737 



Regulations for Motor Vehicles for Hire 



Sec. 1080. 



permits authorized to be issued as of November 
12, 2002, the Controller shall transmit to the 
Board of Supervisors a report including the 
Controller's recommendation for an adjustment 
in the mean gate fee cap and/or in rates of fare 
for taxicabs and/or the institution of temporary 
permit lease fee controls, necessary to maintain 
income of drivers and color scheme permithold- 
ers, and proposed legislation instituting such 
recommendations. 

(i) Separate Hearings for Individual Ap- 
plicants. Notwithstanding any consolidated hear- 
ing on public convenience and necessity as pro- 
vided for in Subsection (e) of this Section, every 
applicant for a permit to operate a motor vehicle 
for hire shall have a separate hearing to review 
and determine the applicant's individual eligibil- 
ity and compliance with all applicable laws, 
rules and regulations before a permit is issued, 
notice of which shall be given in the same man- 
ner as set forth in Section 1080(a) of this Article. 
Each application shall be investigated and the 
results of the investigation shall be transmitted 
to the Taxi Commission at the time of the hear- 
ing on the applicant's individual qualifications. 
If public convenience and necessity is declared 
for the issuance of a permit and an applicant is 
found to be eligible therefor after consideration 
by the Taxi Commission of the factors set forth in 
Section 1081 of this Article, the Taxi Commission 
shall so notify the applicant. Within 60 days 
thereafter the applicant shall furnish to the Taxi 
Commission any and all additional information 
which may be required. If the Taxi Commission 
then finds that the applicant, in addition to 
complying with all other requirements, is the 
owner of the vehicle or vehicles for which a 
permit is sought, and that each such vehicle 
meets with all applicable statutes, ordinances, 
rules and regulations, it shall thereupon issue 
the permit. A finding made at or as a result of a 
hearing under this Section may be appealed to 
the Board of Appeals as set forth in Section 4.106 
of the Charter of the City and County of San 
Francisco. 

(j) Conditions on Permits. The Taxi Com- 
mission may attach such conditions as it deems 
to be consistent with public convenience and 



necessity upon any new permit issued under this 
Article. From time to time, existing permits or 
those issued without conditions may be made 
subject to such conditions as the Taxi Commis- 
sion may determine to be consistent with public 
convenience and necessity after a hearing of 
which notice is given to all affected permittees 
and the public in the manner prescribed for 
giving notice in Section 1080(a) of this Article. 
(Added by Ord. 562-88, App. 12/27/88; amended 
by Ord. 228-02, File No. 020678, App. 12/5/2002) 

SEC. 1080. PERMIT APPLICATIONS. 

(a) Forms and Applications; Notice of 
Hearing. Application for a permit required by 
this Article shall be made to the Police Commis- 
sion on a form to be furnished by the Police 
Commission. The form shall specify, and the 
application shall state, such information as the 
Police Commission reasonably shall require. 
Within 14 days of the filing of such an applica- 
tion with the Police Commission, it shall cause a 
notice to be published in a newspaper approved 
for the giving of official notices of the City and 
County of San Francisco, which notice shall state 
that an application has been filed for a permit 
pursuant to this Article (specifying the type, 
kind or class), the name of the applicant, the 
kind of equipment to be used, and such other 
information as may be necessary to identify the 
applicant and to specify the type, kind or class of 
permit or service. If the hearing on an individual 
application is held more than 45 days after the 
last such notice was published, that notice shall 
be republished, commencing at least 14 days 
prior to the hearing. The notices required by this 
Section shall be published for three successive 
days and shall state the date, time, and place set 
for the hearing thereon. 

(b) Fee for Application. Applicants for 
permits authorized by this Article shall pay to 
the City and County of San Francisco a sum set 
by ordinance to cover the costs of advertising, 
investigating, and processing the application for 
each permit. No application for a permit under 
this Article shall be deemed to be complete until 
and unless such sum is fully paid. 



Sec. 1080. 



San Francisco - Police Code 



738 



(c) Applications Deemed Active. Every 
application for a motor vehicle for hire permit 
shall be deemed to remain active and shall be 
considered until the earliest of the following 
events: 

(1) The applicant withdraws the applica- 
tion in writing; 

(2) The applicant is deemed to be ineligible 
by a vote of the Police Commission; or 

(3) The applicant receives a permit; 

(d) Notwithstanding the provisions of Sub- 
section (c), the Chief of Police may adopt regula- 
tions requiring applicants periodically to reaf- 
firm that their applications are active. (Added by 
Ord. 562-88, App. 12/27/88; amended by Ord. 
88-99, File No. 981443, App. 4/30/99) 

SEC. 1081. FACTORS CONSIDERED IN 
ISSUING PERMITS; DRIVING 
REQUIREMENTS. 

(a) General Factors. The Taxi Commis- 
sion, in determining whether an individual ap- 
plicant is eligible for the issuance of a motor 
vehicle for hire permit pursuant to Section 1079(i) 
may consider such facts as it deems pertinent, 
but must consider the following: 

(1) Whether the applicant is financially re- 
sponsible and will comply with all insurance 
requirements and will maintain proper financial 
records. 

(2) Whether the applicant has complied with 
all applicable statutes, ordinances, rules and 
regulations. 

(3) Whether the applicant holds or has ever 
held any other permits issued to operate a motor 
vehicle for hire either in the City and County of 
San Francisco or elsewhere and the record of 
such applicant with regard to any such other or 
former permits. 

(b) Full-Time Driving Pledge. No permit 
to operate a motor vehicle for hire shall be issued 
unless the person applying for the permit shall 
declare under penalty of perjury his or her inten- 
tion actively and personally to engage as permit- 
tee-driver under any permit issued to him or her 



for at least four hours during any 24-hour period 
or at least 75 percent of the business days during 
the calendar year. 

(c) Driving Experience Required. No per- 
mit to operate a taxicab or ramped taxi shall be 
issued unless the applicant has the driving ex- 
perience required by Section 1121 for a taxicab 
permit or Section 1148.1 for a ramped taxi per- 
mit. 

(d) Order of Consideration. Except as 
otherwise state in this Article, all applications 
for motor vehicle for hire permits shall be pro- 
cessed and considered in the order of their re- 
ceipt by the Taxi Commission. The Commission 
retains discretion at any time, following a hear- 
ing, to deny an application for a motor vehicle for 
hire permit on the basis that the applicant has 
engaged in fraud, deceit, misrepresentation, or 
other misconduct in connection with the applica- 
tion process. 

(e) Applicability of Section. Notwithstand- 
ing any contrary provision in this Article, the 
requirements set forth in this Section shall not 
apply to any person holding a permit issued on or 
before July 1, 1978. 

(f) Full-Time Driving Required. Every 
permittee subject to the provisions of this Sec- 
tion shall be a full-time driver as defined in 
Section 1076(o), subject to the qualifications state 
in subparts (i) — (iii) below. 

(i) During the calendar year in which the 
permittee receives the permit, and during the 
first full calendar year following receipt of the 
permit, the permittee must qualify as a full-time 
driver by satisfying the definition of that term in 
Section 1076(o)(i). For the calendar year in which 
the permittee receives the permit, the number of 
business days shall be measured from the date of 
receipt of the permit. 

(ii) A permittee may be granted approval 
not to drive a certain number of days under 
certain circumstances pursuant to Section 1096(c). 
In such a case, for the permittee to qualify as a 
full-time driver as defined in Section 1076(o)(i), 
the number of business days for the calendar 



739 



Regulations for Motor Vehicles for Hire 



Sec. 1081.5. 



year shall be reduced in the same proportion as 
the ratio of the permittee's excused driving days 
to calendar days in the calendar year. 

(g) Promotion of the General Welfare. 

By adopting a program for the issuance of per- 
mits for motor vehicles for hire, the City and 
County of San Francisco is assuming an under- 
taking only to promote the general welfare. It is 
not assuming, nor is it imposing on its officers 
and employees, an obligation for breach of which 
it is liable in money damages to any person who 
claims that such breach proximately caused in- 
jury. (Added by Ord. 562-88, App. 12/27/88; Ord. 
111-04, File No. 040343, App. 7/1/2004) 

SEC. 1081.5. DRIVING REQUIREMENTS 
FOR DESIGNATED TAXI COMPANY KEY 
PERSONNEL. 

(a) Driving Requirement. Beginning Janu- 
ary 1, 2007 and notwithstanding any other pro- 
vision of this Code, include subdivision (f) of 
Section 1081, taxi permit-holders who are desig- 
nated as "key personnel" pursuant to this Sec- 
tion may satisfy their annual driving require- 
ment under Section 1081(f) by driving 120 hours 
per year and performing 1,500 hours of work per 
year as key personnel for the company. 

(b) Definitions. For purposes of this Sec- 
tion: 

(i) "Taxi company" shall mean a person or 
entity holding a valid color scheme permit under 
Section 1125. 

(ii) "Key personnel" shall mean a permit- 
holder who works in an administrative capacity 
or performs functions integral to the company. A 
permit-holder designated as key personnel must 
be a payroll employee of the taxi company and 
work on-site at the company's principal place of 
business. 

(c) Designation. Each taxi company seek- 
ing to designate one or more of its employees for 
a calendar year pursuant to this Section must 
file the designation, on a form to be provided by 
the Taxi Commission, by December 1st of the 
preceding year. The company may not change 
designations during the year. A permit-holder 



may only be designated by one company at a 
time, and may not be designated by more than 
one company during a calendar year. 

The Taxi Commission will only recognize as 
designated personnel those permit-holders named 
in the designation form signed and filed by the 
color scheme permit-holder or its authorized 
representative as of December 1st. 

(d) Number of Designated Personnel At 
a Company. 

A taxi company with 1 to 10 permits may not 
designate anyone under this Section. 

A taxi company with 11 to 20 permits may 
designate one person. 

A taxi company with 21 to 40 permits may 
designate two people. 

A taxi company with 41 to 60 permits may 
designate three people. 

A taxi company with 61 to 80 permits may 
designate four people. 

A taxi company with 81 to 100 permits may 
designate five people. 

A taxi company with 101 to 150 permits may 
designate six people. 

A taxi company with 151 to 200 permits may 
designate seven people. 

A taxi company with 201 to 300 permits may 
designate eight people. 

A taxi company with 301 to 400 permits may 
designate nine people. 

A taxi company with over 400 permits may 
designate nine people, plus one additional 
person for every 100 permits over 400. 

The number of permits affiliated with a par- 
ticular taxi company for the year shall be deter- 
mined as of December 1st of the previous year, 
based on the records of the Taxi Commission. 
The number of designated personnel at a taxi 
company shall not be increased or decreased 
during the subsequent calendar year even if the 
number of permits at that company changes 
during the year. 



Supp. No. 1, September 2006 



Sec. 1081.5. 



San Francisco - Police Code 



740 



(e) Statement of Work Done. No later 
than February 1st of each year, each company 
that has designated one or more permit-holders 
pursuant to this Section must submit a written 
statement, under oath, of the number of hours 
each of its designated personnel worked in that 
capacity for the company during the previous 
year. The taxi company shall be responsible for 
the accuracy of the statement. 

( f) Partial C ompletion of Requirements. 

If a permit-holder performs at least 750 hours of 
work as designated personnel for the company 
during the year but less than 1,500 hours, the 
permit-holder shall be entitled to partial credit 
against the driving requirement on a pro rata 
basis. The credit shall correspond to the percent- 
age of 1,500 hours that the designated permit- 
holder worked for the company in such capacity. 
If a permit-holder does not perform at least 750 
hours of work as designated personnel for the 
company during the year, the permit-holder shall 
not be entitled to any credit against the driving 
requirement. (Ord. 181-06, File No. 060539, App. 
7/14/2006) 

SEC. 1082. ONLY NATURAL PERSONS 
LICENSED; ONE PERMIT PER PERSON; 
INDIVIDUAL PERMITTEES ONLY; 
EXCEPTIONS. 

(a) Individual Permit Holders. No per- 
mit to operate a motor vehicle for hire shall be 
issued except to a natural person and in no case 
to any business, firm, partnership, association or 
corporation, except as provided for in Subsection 
(c) of this Section. No more than one taxicab 
permit shall be issued to any one person, except 
as provided in Subsection (c) of this Section. 

(b) Permits Issued Only to Single Per- 
mittees. Except for permits issued in the name 
of more than one person prior to the effective 
date of this Article, no permit to operate a motor 
vehicle for hire shall be issued to, or in the name 
of, more than one person. 

(c) Exceptions for Existing Permits. The 

provisions of Subsection (a) of this Section shall 
not apply to any permit issued on or before July 
1, 1978 that has been renewed and maintained 



in effect continuously since that date. Such per- 
mits shall continue in effect. (Added by Ord. 
562-88, App. 12/27/88) 

SEC. 1083. SALE OR TRANSFER OF 
CORPORATE PERMITTEE; CORPORATE 
RECORDS. 

(a) Permits Void in Event of Transfer or 
Sale of Permittee. Any permit to operate a 
motor vehicle for hire held by a permittee that is 
not a natural person and which permit would 
otherwise remain in effect pursuant to Section 
1082(c) shall be deemed null and void and re- 
voked in any of the following circumstances: 

(i) If the permittee is or was sold or trans- 
ferred at any time after June 6, 1978; with a 
cumulative sale or transfer of (A) 10 percent or 
more of the stock or other ownership of the 
permittee, or (B) 10 percent of the permittee's 
assets since June 6, 1978 constituting a sale or 
transfer for purposes of this Section unless such 
sale or transfer has been approved by the Police 
Commission in conformance with the require- 
ments of this Article and San Francisco Charter, 
Appendix F. 

(ii) If after the effective date of this Article 
the management or control of the permittee is 
transferred for consideration; 

(iii) If after the effective date of this Article 
the permittee's rights to receive income derived 
from the lease of a permit is assigned, trans- 
ferred or sold. 

(b) Corporate Records. Any corporation 
holding a permit hereunder shall maintain a 
stock register at the principal office of the corpo- 
ration in San Francisco and the stock register 
shall be available to the Police Department for 
inspection. Such corporation shall report to the 
Department in writing any of the following: 

(i) Issuance or transfer of any shares of 
stock. 

(ii) Change in any of the corporate officers 
which is required by Section 821 of the Califor- 
nia Corporations Code. 

(iii) Change of any member of its board of 
directors. 



Supp. No. 1, September 2006 



740.1 



Regulations for Motor Vehicles for Hire 



Sec. 1087. 



(c) Any report required pursuant to this 
Section shall be filed with the Police Department 
within 10 days of the change, sale or transfer to 
be reported. (Added by Ord. 562-88, App. 12/27/ 
88) 

SEC. 1084. PERMITS A PRIVILEGE; 
NONTRANSFERABILITY OF PERMITS; 
NOTICE RE DEATH OF PERMITTEE; 
LEASE OF PERMIT PROHIBITED AFTER 
PERMITTEE'S DEATH. 

(a) Permits granted pursuant to this Article 
constitute a privilege and do not constitute prop- 
erty of the permittee. Except as provided in 
Sections 1131(b) (taxicab color scheme permits) 
and 1133(b) (taxicab dispatch service permits) of 
this Article, no permit issued under this Article 
shall be transferable or assignable, either ex- 
pressly or by operation of law. 

(b) Within 14 days of the death of any living 
person holding a permit issued under this Ar- 
ticle, the taxicab dispatch service with which 
that permit is affiliated, if it has knowledge of 
the permittee's death, and each lessee of the 
permittee's permit who has knowledge of the 
permittee's death, shall notify the Chief of Police 
in writing of the permittee's death. 

(c) It shall be unlawful to attempt to lease 
or lease, as lessor or lessee, any permit issued 
pursuant to this Article with knowledge that the 
person in whose name that permit is issued is 
deceased. (Added by Ord. 562-88, App. 12/27/88) 

SEC. 1085. PERMIT FEES. 

(a) Payment of Fees Required. It shall 
be unlawful for any person required to obtain a 
permit pursuant to the provisions of this Article 
to operate a motor vehicle for hire, a taxicab 
dispatch service or a taxicab color scheme, with- 
out first obtaining the required permit and pay- 
ing the applicable fee therefor. 

(b) Permit Fee. The fees charged for per- 
mits issued pursuant to this Article shall be set 
annually by the Board of Supervisors in an 
amount adequate to cover the estimated actual 
costs of the enforcement of this Article, including 
personnel, pursuant to Section 2.2 of Article I of 



the San Francisco Police Code; provided, how- 
ever, that after January 1, 1990 said fees shall 
not be increased by an amount greater than 10 
percent of the fee set for the preceding year. A 
prorated fee shall be charged for any license 
issued pursuant to Subsection (a) hereof for a 
period of less than one full year. 

(c) Notification of Number of Permits. 

The Chief of Police shall notify the Controller 
and the Tax Collector of the number of motor 
vehicle for hire permits in effect, and the seating 
capacity of the vehicles for which the permits 
were granted; and, whenever additional permits 
are granted, or existing permits are modified or 
revoked during the year, the Controller and the 
Tax Collector shall be notified of same immedi- 
ately. These notifications shall be in writing and 
signed by the Chief of Police, and shall be made 
on the following dates: 

(i) Taxicabs and limousines — on the 30th 
day of June of each year; 

(ii) All other motor vehicles for hire — on the 
31st day of December of each year. (Added by 
Ord. 562-88, App. 12/27/88) 

SEC. 1086. DURATION OF LICENSES, 
ETC.; EXISTING PERMITS. 

(a) Expiration Dates for Permits, Etc. 

All licenses and medallions issued under the 
provisions of this Section for the operation of 
taxicabs and limousines shall expire on the first 
day of July next following their issuance. All 
other permits issued pursuant to this Article 
shall expire the first day of January next follow- 
ing their issuance. 

(b) Permits for the operation of motor ve- 
hicles for hire in effect on the effective date of 
this Article shall remain in full force and effect 
subject to the other provisions of this Article. 
(Added by Ord. 562-88, App. 12/27/88) 

SEC. 1087. ENFORCEMENT FUND. 

All permit fees collected pursuant to this 
Article shall be held in trust by the Treasurer of 
the City and County of San Francisco and shall 
be distributed according to the fiscal and budget- 
ary provisions of the San Francisco Charter 



Supp. No. 1, September 2006 



Sec. 1087. San Francisco - Police Code 740.2 

subject only to the following conditions and limi- 
tations: the proceeds from permit fees collected 
pursuant to this Article, including earnings from 
investments thereof, may be used only to com- 
pensate and defray the capital and operating 
costs incurred by the City and County of San 
Francisco in enforcing the provisions of this 
Article, including, without limitation, the costs 
incurred by the Police Department and the Con- 
troller to comply with their obligations as set 
forth in this Article. The foregoing permit fee 
fund is necessary for the purpose of regulation 
and to provide for the necessary investigation, 



Supp. No. 1, September 2006 



741 



Regulations for Motor Vehicles for Hire 



Sec. 1089. 



inspections and administration under, and en- 
forcement of, the provisions of this Article. (Added 
by Ord. 562-88, App. 12/27/88) 

SEC. 1088. MEDALLIONS. 

(a) Issuance and Display. The Police De- 
partment shall issue a metallic medallion of a 
design approved by the Police Commission for 
each motor vehicle for hire license issued pursu- 
ant to the provisions of Sections 1079 through 
1081 hereof. During all hours of operation of a 
motor vehicle for hire, the medallion shall be 
placed in the lower right corner of the windshield 
in such a manner that the serial number shall be 
clearly visible from the exterior of the vehicle; 
provided, however, that the Chief of Police shall 
designate the manner of displaying the medal- 
lion on motorized rickshaws and limousines. 

(b) Medallion Fees. Every motor vehicle 
for hire permit holder shall pay to the Police 
Department for each metallic motor vehicle for 
hire medallion a sum set by ordinance to cover 
the costs of producing and processing each such 
metallic motor vehicle for hire medallion as may 
be issued to him or her pursuant to the provi- 
sions of this Section. Said fees shall be paid once 
each calendar year. (Added by Ord. 562-88, App. 
12/27/88; amended by Ord. 88-99, File No. 981443, 
App. 4/30/99) 

SEC. 1089. DRIVERS PERMITS. 

(a) Permit Required. It shall be unlawful 
for any person to act as a driver of any motor 
vehicle for hire licensed pursuant to this Article 
unless that person holds a driver's permit from 
the Police Department issued pursuant to this 
Section. 

(b) Application. Application for a permit 
to drive a motor vehicle for hire shall be made to 
the Chief of Police on a form provided by the 
Police Department and shall pay to the City and 
County of San Francisco a fee to cover the costs 
of investigating and processing the application, 
such fee to be determined periodically as deemed 
appropriate by the Police Commission. No appli- 
cation for a driver's permit hereunder shall be 
deemed to be complete until and unless such 
sum is fully paid. 



(c) Examination for Permit. Every appli- 
cant for a driver's permit as required by this 
Article shall be required to take and pass an 
examination given by the Chief of Police. Said 
examination shall cover the provisions of this 
Article and all rules or regulations promulgated 
pursuant thereto, the California Vehicle Code, 
the traffic regulations of the City and County of 
San Francisco. 

(d) Requisites for Driver's Permit. Each 
applicant for a driver's permit from the Chief of 
Police must: 

(1) Be a resident of the United States, of 
good moral character; 

(2) Be of the age of 21 years or over; 

(3) Be of sound physique, with good eye- 
sight and not subject to any disease, condition, 
infirmity, or addiction to the use of alcohol or any 
controlled substance, which might render the 
applicant unfit for the safe operation of a taxicab 
or other motor vehicle for hire; 

(4) Be able to read and write the English 
language; 

(5) Be clean in dress and person; 

(6) Hold a valid California driver's license 
of a class sufficient for the lawful operation of the 
motor vehicle to be driven. 

(e) Photographs of Applicant. Each ap- 
plicant for a driver's permit under this Section 
must file with his or her application to recent 
photographs of himself or herself of a size that 
may be easily attached to a motor vehicle for hire 
driver's license. One copy of said photograph 
shall be attached to the license when issued, and 
carried by such licensed driver at all times when 
driving a taxicab or other motor vehicle for hire. 
The photograph shall be so attached to the 
license that it cannot be removed and another 
photograph substituted without detection. Each 
licensed driver shall, upon demand by any police 
officer or passenger, exhibit his license and pho- 
tograph for inspection. The other copy of the 
photo shall be filed with the application to the 
Police Department. 



Sec. 1089. 



San Francisco - Police Code 



742 



(f) Issuance of Permit. After approving 
the application, the Chief of Police shall forward 
notice of that approval to the Tax Collector, who 
shall issue the permit upon payment by the 
applicant of the applicable fee. 

(g) Badge for Drivers. In addition to the 
permits required by this Section, there shall be 
furnished to each licensed driver of a taxicab, or 
other motor vehicle for hire, upon the presenta- 
tion of a driver's annual permit granted by the 
Chief of Police, a badge of such form and style as 
the Tax Collector may prescribe, with the license 
number of such driver thereon, which must, 
under penalty of revocation of the license, be 
constantly and conspicuously displayed on the 
outside of the driver's clothing when engaged in 
his or her employment, and shall only be worn by 
the person to whom the badge is issued. 

In addition thereto, the Tax Collector shall 
issue annually, to the person named in such 
permit, a driver's annual identification card which 
identification card shall be of such design and 
lettering as the Tax Collector shall determine. 
Separate fees shall be charged for the identifica- 
tion card and the driver's badge to cover the cost 
of issuance. 

(h) Renewal of Driver's Permits. Driver's 
licenses and permits shall be issued as of the 
first day of January of each year and shall be 
valid unless revoked or suspended, up to and 
including the 31st day of December, next succeed- 
ing. The Chief of Police may cause the renewal of 
the driver's license from year to year upon the 
filing with the Tax Collector of a statement by 
the driver providing his or her current address 
and current employer and the payment of the 
annual license fee. All driver's licenses and per- 
mits which are valid on the effective date of this 
Article shall remain in effect and may be re- 
newed under this Section. (Added by Ord. 562- 
88, App. 12/27/88) 

SEC. 1090. REVOCATION OF PERMITS. 

(a) Revocation for Cause. Any permit is- 
sued under this Article may be suspended or 
revoked by the Police Commission for good cause 



after a noticed hearing. "Good cause" hereunder 
shall include, but shall not be limited to, the 
following: 

(i) The permittee ceased to be a full-time 
driver. 

(ii) The permittee failed to pay a permit fee 
after notice of nonpayment. 

(iii) The permittee or the lessee of the 
permittee's permit operated without the insur- 
ance required by this Article. 

(iv) The permittee or an agent of the per- 
mittee knowingly made false statements to or 
concealed information from the Police Commis- 
sion, the Chief of Police or the Police Depart- 
ment. 

(v) The permittee has been convicted of any 
crime involving moral turpitude. 

(vi) The permittee has failed to satisfy any 
judgment for damages arising from unlawful or 
negligent operation under any permit issued 
under this Article. 

(vii) The permittee has been convicted of a 
misdemeanor under Section 1185 of this Article. 

(viii) The permittee violated the Traffic Code 
of the City and County of San Francisco or the 
Vehicle Code or related laws of the State of 
California. 

(ix) The permittee violated any applicable 
statute, ordinance, rule or regulation pertaining 
to the operation or licensing of the vehicles and 
services regulated by this Article, including any 
rules and regulations enacted by the Chief of 
Police pursuant to this Article. 

Upon a showing of good cause, the Police 
Commission shall have discretion to suspend or 
revoke a permit as set forth above, except that a 
suspension and/or revocation shall be mandatory 
in the circumstances described in Subparts (i) 
through (vi) above. 

(b) Revocation of More Than One Per- 
mit. Where a person violating this Article holds 
more than one permit to operate a motor vehicle 
for hire in the City and County of San Francisco, 
the Police Commission may revoke or suspend 
all such permits. 



743 



Regulations for Motor Vehicles for Hire 



Sec. 1092. 



(c) Suspension by Chief of Police. The 

Chief of Police may suspend summarily any 
permit issued under this Article pending a disci- 
plinary hearing before the Police Commission 
when in the opinion of said Chief of Police the 
public health or safety requires such summary 
suspension. Any affected permittee shall be given 
notice of such summary suspension in writing 
delivered to said permittee in person or by reg- 
istered letter. (Added by Ord. 562-88, App. 12/27/ 
88) 

SEC. 1091. INSURANCE REQUIRED. 

Unless otherwise provided by ordinance, no 
person, firm or corporation, shall operate any 
motor vehicle for hire unless and until such 
person, firm or corporation shall comply with the 
provisions of either Section 1092 or 1094 of this 
Article. (Added by Ord. 562-88, App. 12/27/88) 

SEC. 1092. FILING INSURANCE 
POLICIES OR BOND WITH POLICE 
COMMISSION. 

(a) Each person, firm or corporation holding 
a permit to operate a motor vehicle for hire 
pursuant to this Article shall file with the Police 
Commission and thereafter keep in full force and 
effect a policy of insurance in such form as the 
Police Commission may deem proper and ex- 
ecuted by an insurer approved by the said Com- 
mission insuring the public against any loss or 
damage that may result to any person or prop- 
erty from the operation of such vehicle or ve- 
hicles. Except as provided in Subsections (b) 
through (d) of this Section, the minimum amount 
of recovery in such policy of insurance shall be 
not less than the following sums: 

(i) Personal injury to or death of any one 
person, $100,000 and subject to the limit of 
$100,000 for each person injured or killed, 
$450,000 for such injury to, or the death of two or 
more persons in any one accident; 

(ii) Damage to property, $25,000 for any one 
occurrence; 

(iii) In lieu of the requirements in (i) and (ii) 
above, combined single limit coverage of $500,000. 



(b) For vehicles having a seating capacity of 
more than 10 persons the limit of liability for 
personal injury to, or death of any one person 
shall be $50,000 and subject to the limit of 
$50,000 for each person injured or killed, $100,000 
for such injury to, or death of two or more 
persons in any one accident; damages to prop- 
erty, $25,000 for any one occurrence. 

(c) A person, firm or corporation holding a 
permit to operate a motor vehicle fore hire pur- 
suant to this Article, may, in lieu of the aforesaid 
policy of liability insurance, file with said Com- 
mission a bond in such form as the Commission 
may deem proper executed by a surety company 
duly authorized to do business within the State 
of California. The bond shall be conditioned for 
the payment of the amounts set forth herein- 
above and shall provide for the entry of judgment 
on motion of the State in favor of any holder of a 
final judgment on account of damages to prop- 
erty or injury to any person caused by the 
operation of such person's, firm's or corporation's 
motor vehicle. 

If such person, firm or corporation owns or 
offers for hire one or more such motor vehicles, 
bonds shall be in the sum as follows: 

(i) If only one, $100,000 any one occurrence. 

(ii) If more than one but less than six, 
$200,000 for any one occurrence. 

(iii) If more than five but less than 21, 
$450,000 for any one occurrence. 

(iv) If more than 20 but less than 61, 
$600,000 for any one occurrence. 

(v) If more than 60 but less than 101, 
$1,000,000 for any one occurrence. 

(vi) If more than 100, $3,000,000 any one 
occurrence. 

Subject to the limits shown for any one oc- 
currence, the bond shall be conditioned to pay 
$100,000 for injury to any one person and $25,000 
for damage of property of any one person. 

(d) For vehicles having a seating capacity of 
more than 10 persons, said bond shall be in an 
amount for any one occurrence which shall be 
twice the corresponding amounts as set forth in 



Sec. 1092. 



San Francisco - Police Code 



744 



Subsections (c)(i) through (c)(vi) of this Section. 
(Added by Ord. 562-88, App. 12/27/88) 

SEC. 1093. NEW POLICY TO BE 
FURNISHED. 

If, at any time, the policy or certificate of 
insurance referred to in Sections 1091 and 1092 
is cancelled by the issuing company, the insured- 
permittee shall report that fact to the Chief of 
Police within three days after the insured- 
permittee received notice of cancellation. The 
permittee shall replace said policy or certificate 
with another policy or certificate prior to the 
termination of the existing policy or certificate 
prior to the termination of the existing policy or 
certificate and provide immediate verification of 
that replacement policy or certificate to the Chief 
of Police. The Chief of Police shall thereafter 
review the replacement policy or certificate to 
verify that the insurer issuing the replacement 
policy or certificate satisfies the provisions of 
Section 1092. (Added by Ord. 562-88, App. 12/27/ 
88) 

SEC. 1094. PROVISIONS FOR 
SELF-INSURERS. 

Any person, firm, corporation, association or 
organization of owners of vehicles for hire who 
have a certificate of self-insurance from the 
State of California pursuant to Sections 16500 
and 16056 of the Vehicle Code may file said 
certificate together with a policy of insurance 
providing excess insurance over self-insurance 
retention for single limit of not less than 
$1,000,000 applying to bodily injuries or prop- 
erty damage or a combination thereof, with the 
Police Commission, and shall thereupon be deemed 
in compliance with the provisions of Section 
1092 of this Article. (Added by Ord. 562-88, App. 
12/27/88) 

SEC. 1095. INFORMATION TO BE FILED 
WITH CHIEF OF POLICE. 

(a) Information Re Other Permits. No 

person, firm or corporation shall operate or cause 
to be operated any motor vehicle for hire, unless 
and until such person, firm or corporation shall 
file with the Police Commission a sworn state- 



ment setting forth the permits and/or certificates 
held, or proposed to be acquired, by applicant 
from other governmental bodies relating to the 
proposed operation, and annually thereafter, and 
not later than the first week in May of each year, 
and as often as said Commission shall direct, file 
a sworn statement setting forth the permits 
and/or certificates then held by applicant from 
other governmental bodies relating to said op- 
eration, together with a sworn statement show- 
ing full compliance with all provisions of the 
Municipal Code and/or State or federal laws 
applicable to said operations. Failure to file such 
statement or statements shall constitute a viola- 
tion of this Article and shall be deemed a cause 
for cancellation of any and all permits to so 
operate. 

Excepting, however, every person, firm or 
corporation having heretofore filed such state- 
ment with the Board of Supervisors, shall file 
such annual statement as provided herein. 

(b) Financial Information. The Control- 
ler of the City and County of San Francisco shall 
establish rules and regulations for the keeping 
and filing of financial statements, and account- 
ing books and records, by permittees under this 
Article. The purpose of such rules and regula- 
tions shall be to provide information to the Board 
of Supervisors with respect to maximum rates to 
be authorized for motor vehicles for hire and to 
the Police Commission for the performance of its 
duties under the law. (Added by Ord. 562-88, 
App. 12/27/88) 

SEC. 1096. CONTINUOUS OPERATION 
REQUIRED. 

(a) Requirement. All permittees under this 
Article shall regularly and daily operate or ar- 
range for the operation of their motor vehicle for 
hire during each day of the year to the extent 
reasonably necessary to meet the public demand 
for such motor vehicle for hire service. 

(b) Revocation Upon Abandonment. 

Upon abandonment of such business for a period 
of 10 consecutive days by a permittee or operator, 
the Police Commission shall, after five days' 
written notice to the permittee or operator, re- 



745 



Regulations for Motor Vehicles for Hire 



Sec. 1102. 



voke the permit or permits of such permittee or 
operator; except as provided in Subsection (c) of 
this Section. 

(c) Suspension of Operations. The Police 
Commission may, on written application and 
following an investigation, grant to the holder of 
any permit hereunder permission to suspend 
operation pursuant to such permit for a period 
not to exceed 90 calendar days in any one 12- 
month period in case of sickness, death, or other 
similar hardship. Nothing in this Subsection 
shall be in conflict with or limit the provisions of 
Section 1153 of this Article pertaining to a sus- 
pension of operation by a jitney bus permittee. 

(d) Motorized Rickshaws. Notwithstand- 
ing any contrary provisions of this Section, the 
Police Commission is authorized to allow any 
motorized rickshaw permittee to suspend opera- 
tion during those times when in the judgment of 
the Police Commission, public convenience and 
necessity would not suffer as a result of the 
suspension of such operation. In making such 
determination, the Police Commission may con- 
sider the average weather conditions during such 
period of suspended operations and the availabil- 
ity of tourists wishing to use the services offered 
by a motorized rickshaw. (Added by Ord. 562-88, 
App. 12/27/88) 

SEC. 1097. SAFE, CLEAN OPERATION 
REQUIRED. 

No vehicle licensed as a motor vehicle for hire 
shall operate unless it is in a safe operating 
condition and has body and seating facilities 
which are clean and in good repair. (Added by 
Ord. 562-88, App. 12/27/88) 

SEC. 1098. SMOKING BY DRIVERS 
PROHIBITED. 

It shall be unlawful for any driver of a motor 
vehicle for hire in the City and County of San 
Francisco to smoke any cigar, pipe or cigarette, 
or to burn tobacco while passengers are occupy- 
ing any of the seats in such vehicle. (Added by 
Ord. 562-88, App. 12/27/88) 



SEC. 1099. SANITARY CONDITION. 

Every person owning or operating, or causing 
to be operated, any motor vehicle for hire under 
this Article shall thoroughly wash each such 
vehicle, when so operated, at least once a week, 
and shall also carefully sweep and clean each 
vehicle other than a taxicab daily. Whenever 
required in writing by the Board of Health of the 
City and County of San Francisco, every person 
owning or operating, or causing to be operated, 
any such vehicle within the limits of said City 
and County shall fully disinfect each vehicle so 
operated by spraying the vehicle with an effi- 
cient disinfectant. (Added by Ord. 562-88, App. 
12/27/88) 

SEC. 1100. BRAKE INSPECTION. 

Before taking any descending grade of five 
percent or over, the speed of any motor vehicle 
for hire licensed pursuant to this Article other 
than a taxicab or motorized rickshaw shall be 
reduced so as to test the working of the brakes 
thereof. The brakes on all motor vehicles for hire 
other than taxicabs and motorized rickshaws 
licensed pursuant to this Article shall be in- 
spected and tested daily by competent inspectors 
employed by the person or persons owning or 
operating, or causing to be operated such ve- 
hicles. (Added by Ord. 562-88, App. 12/27/88) 

SEC. 1101. DRIVING RECKLESSLY OR 
UNDER INFLUENCE OF INTOXICANTS 
PROHIBITED. 

It shall be unlawful for any person who 
operates a motor vehicle for hire licensed under 
this Article to do so (a) while under the influence 
of liquor, or (b) in a reckless and dangerous 
manner. (Added by Ord. 562-88, App. 12/27/88) 

SEC. 1102. LOADING REGULATED. 

It shall be unlawful for any person operating 
a motor vehicle for hire licensed pursuant to this 
Article to permit that vehicle to remain standing 
upon the street for the purpose of loading or 
unloading passengers unless the vehicle is within 
two feet from the curb. (Added by Ord. 562-88, 
App. 12/27/88) 



Sec. 1103. 



San Francisco - Police Code 



746 



SEC. 1103. POSTING SCHEDULE OF 
RATES. 

Every taxicab, jitney and sightseeing bus 
shall have permanently affixed to the interior 
thereof, in a place readily to be seen by passen- 
gers, a frame covered with glass or plastic, en- 
closing a card upon which shall be printed in 
plain, legible letters the schedule of rates autho- 
rized for carriage in such vehicle and such other 
provisions of this Article as the Chief of Police 
shall prescribe. The said frame and enclosed 
card must be approved by the Chief of Police. 
(Added by Ord. 562-88, App. 12/27/88) 

SEC. 1105. SOLICITATION 
PROHIBITED. 

(a) It shall be unlawful for any driver of a 
motor vehicle for hire, or any person acting in 
concert with or on behalf of the driver, to solicit 
passengers for the vehicle where the solicitation 
is made from any public street, sidewalk, or 
other public place. 

(b) For purposes of this Section, "motor ve- 
hicle for hire" shall include any taxicab, limou- 
sine, or other privately owned motor-propelled 
passenger-carrying vehicle for hire, regardless of 
whether the City and County has or could issue 
a permit for that vehicle. 

(c) This Section shall not prohibit solicita- 
tion of passengers otherwise authorized in con- 
nection with cab pooling pursuant to Section 
1147.9. (Added by Ord. 72-00, File No. 000416, 
App. 4/28/2000) 

SEC. 1107. REPORTS OF LOST 
PROPERTY. 

Drivers and operators of motor vehicles for 
hire shall promptly report to the Bureau of 
Inspectors of the Police Department within 24 
hours all property of value fund in their vehicles 
by such drivers or operators or delivered to them 
by any person who has found such property. 
(Added by Ord. 562-88, App. 12/27/88) 



SEC. 1108. PUBLIC STANDS. 

The following are hereby designated as pub- 
lic stands for licensed taxicabs, limousines and 
sightseeing buses: 

(a) At or near the entrance to docks and 
wharves of passenger-carrying ships and other 
vessels; 

(b) Railroad depots; 

(c) Around such public squares, except Union 
Square, as may be designated to the Department 
of Public Works from time to time, but not on the 
streets, crosswalks or within double lines; 

(d) Bus depots; 

(e) At or near the entrance to rapid transit 
stations; provided, however, that no sightseeing 
bus shall be permitted to occupy said stands; 

(f) All stands heretofore designated by the 
Department of Public Works pursuant to the 
provisions of former Section 1117 of this Code; 
provided, however, that the Board of Supervisors 
may, by resolution, designate the type, or types, 
of vehicles which shall be permitted to use any 
such stand, and may, by resolution, rescind the 
designation of any such stand; 

(g) The Board of Supervisors, after notice 
has been duly given to the owner of the property 
fronting the space where such stand is to be 
located, and after public hearing has been held 
thereon, may, by resolution, designate such ad- 
ditional public stands as it finds necessary for 
the convenience of the public, and in its absolute 
discretion, may, by resolution, designate the type, 
or types of vehicles, including "jitney buses," 
which shall be permitted to use any such stand 
or to rescind the designation of any such public 
stand. (Added by Ord. 562-88, App. 12/27/88) 

SEC. 1109. REGULATING STANDING. 

No driver of any taxicab or limousine while 
awaiting employment by passengers, shall do 
any of the following: 

(a) Stand on any public street or place other 
than or upon a stand designated or established 
in accordance with the provisions of Section 1108 
of this Article; or 



747 



Regulations for Motor Vehicles for Hire 



Sec. 1121. 



(b) Seek employment by repeatedly and per- 
sistently driving his vehicle to and fro for a short 
space in front of any theater, hall, hotel, public 
resort, railroad or ferry station or other place of 
public gathering; or 

(c) Interfere with the proper and orderly 
access to or egress from any theater, hall, hotel, 
public resort, railroad or ferry station or other 
place of public gathering. (Added by Ord. 562-88, 
App. 12/27/88) 

SEC. 1110. FALSE STATEMENTS 
PROHIBITED. 

It shall be unlawful knowingly to make any 
false or misleading representation, or knowingly 
to conceal information where this Article re- 
quires that information be disclosed, in connec- 
tion with the application for, renewal of, or 
possible revocation of a permit issued under this 
Article. (Added by Ord. 562-88, App. 12/27/88) 

DIVISION II 
TAXICABS 

Permits 

SEC. 1120. TAXICAB PERMITS. 

It shall be unlawful to own or operate a 
taxicab in the City and County of San Francisco 
unless a taxicab permit has been issued by the 
Police Commission for the operation of that ve- 
hicle. Taxicab permits shall be applied for and 
issued pursuant to Sections 1079 through 1081 
and this Division of this Article. (Added by Ord. 
562-88, App. 12/27/88) 

SEC. 1121. PERMIT APPLICATIONS; 
PREFERENCES; DRIVING EXPERIENCE 
REQUIRED. 

(a) Submission of Applications; Taxi- 
cab Waiting List. Applications for taxicab per- 
mits shall be accepted by the Taxi Commission 
and shall be recorded by the date and time at 
which each application is received. The Commis- 
sion shall maintain a list in the order of receipt 
("taxicab waiting list") of all taxicab permit ap- 
plications that have not been acted upon, in 
excess of the number of such permits authorized 



pursuant to Section 1079. When a taxicab permit 
becomes available for issue and an applicant on 
the taxicab waiting list is eligible for a hearing 
before the Commission, the Commission shall so 
notify the applicant. 

Each applicant for a taxicab permit must, at 
the time of filing the application: 

(1) Be a resident of the United States, of 
good moral character; 

(2) Be 21 years or older; 

(3) Be free of any disease, condition, infir- 
mity, or addiction to the use of alcohol or any 
controlled substance, which might render the 
applicant unfit for the safe operation of a taxicab 
or any other motor vehicle for hire; 

(4) Be able to read and write the English 
language; 

(5) Be clean in dress and person; 

(6) Hold a valid California driver's license 
of a class sufficient for the lawful operation of the 
motor vehicle driven; and 

(7) Have held a driver's permit pursuant to 
Section 1089 of this Article for two years imme- 
diately preceding the date of application for a 
taxicab permit. 

(b) Driving Experience Required. To 

qualify for issuance of a taxicab permit, an 
otherwise qualified applicant must have the driv- 
ing experience specified in subparts (i) — (vi) be- 
low, subject to the modification stated in subsec- 
tion (c). The required driving may be satisfied 
only by driving a taxicab and/or ramped taxi for 
which a permit has been issued by the Taxi 
Commission. For the purposes of this subsection 
(b), the phrase "application heard by the Com- 
mission during calendar year" includes an appli- 
cation publicly scheduled to be heard in the 
calendar year, but continued in that calendar 
year to the next calendar year by the Commis- 
sion. 

(i) For an application heard by the Com- 
mission during calendar year 2004: The ap- 
plicant must have been a full-time driver during 
the 12 months immediately preceding the 
Commission's hearing on the application. For 
the purposes of this subpart (i), "full-time driver" 



Supp. No. 16, April 2008 



Sec. 1121. 



San Francisco - Police Code 



748 



shall be defined in accordance with Section 1076(o), 
except that the time frame applicable to the 
definition is the 12 months immediately preced- 
ing the hearing on the application rather than 12 
months constituting a calendar year. 

(ii) For an application heard by the Com- 
mission during calendar year 2005: The ap- 
plicant must have been a full-time driver, as 
defined in Section 1076(o), during calendar year 
2005 or the 12 months immediately preceding 
the hearing on the application. 

(iii) For an application heard by the 
Commission during calendar year 2006: The 

applicant must have been a full-time driver, as 
defined in Section 1076(o), during calendar year 
2005 or 2006. 

(iv) For an application heard by the 
Commission during calendar year 2007: The 

applicant must have been a full-time driver, as 
defined in Section 1076(o), during any two cal- 
endar years from 2005 to 2007, inclusive. 

(v) For an application heard by the Com- 
mission during calendar year 2008: The ap- 
plicant must have been a full-time driver, as 
defined in Section 1076(o), during any three 
calendar years from 2005 to 2008, inclusive. 

(vi) For an application heard by the 
Commission during calendar year 2009: The 

applicant must have been a full-time driver, as 
defined in Section 1076(o), during any four cal- 
endar years from 2005 to 2009, inclusive. 

(vii) For an application heard by the 
Commission in calendar year 2010 and sub- 
sequent calendar years: The applicant must 
have been a full-time driver, as defined in Sec- 
tion 1076(o), for five years, as specified in Alter- 
native 1 or Alternate 2 below. 

Alternative 1: The applicant was a full-time 
driver during the calendar year immedi- 
ately preceding the hearing, and during 
four of the five calendar years immediately 
preceding that calendar year. 

Alternative 2: The applicant was a full-time 
driver during the calendar year in which 
the application is heard, and during four of 
the five calendar years immediately pre- 



ceding that calendar year, (viii) When an 
applicant seeks credit as a full-time driver 
under this subsection (b) for the same 
calendar year in which his or her applica- 
tion is heard by the Commission, the Com- 
mission shall pro-rate the amount of driv- 
ing required under Section 1076(o) against 
the portion of the calendar year that has 
elapsed as of the date of the hearing, 
(ix) The Commission may substitute an 
equivalent amount of prior full-time driving ex- 
perience for the experience required under sub- 
sections (b)(i) — (vi) above, where the Commis- 
sion determines after a public hearing that the 
applicant has been unjustly and systematically 
denied employment in the taxi industry in retali- 
ation for engaging in legitimate political, expres- 
sive, or labor activity. The applicant shall have 
the burden of establishing such a claim, and any 
such determination shall require a two-thirds' 
vote of the Commission. 

(c) Modification of Required Driving Ex- 
perience. If no applicant has the driving expe- 
rience required pursuant to subsections (b)(ii) — 
(vi), but public convenience and necessity as 
determined pursuant to Section 1079 warrants 
issuance of a taxicab permit, the Taxi Commis- 
sion may issue the permit to an otherwise quali- 
fied applicant who has been a full-time driver 
during the 12 months immediately preceding the 
Commission's hearing on the application. For 
purposes of this first paragraph of subsection (c), 
"full-time driver" shall be defined in accordance 
with Section 1076(o), except that the time frame 
applicable to the definition is the 12 months 
immediately preceding the hearing on the appli- 
cation rather than 12 months constituting a 
calendar year. 

The Commission may be regulation establish 
additional driving experience required for the 
issuance of a taxicab permit under the circum- 
stances described in this subsection (c), provided 
that the regulation shall require neither greater 
driving experience than is required pursuant to 
subsections (b)(ii) — (vi) nor driving experience 
for any calendar year greater than the driving 
experience encompassed in the definition of "full- 
time driver in Section 1076(o). 



Supp. No. 16, April 2008 



749 



Regulations for Motor Vehicles for Hire 



Sec. 1122. 



(d) Educational Requirements. In addi- 
tion to meeting the driving requirements in 
subsection (b) and (c), applicants must also meet 
any educational or training requirements im- 
posed by the Taxi Commission. 

(e) Burden of Proof on Applicant; Re- 
cordkeeping by Applicant. The taxicab per- 
mit applicant shall have the burden of showing 
that he or she has the driving experience re- 
quired to qualify for the taxicab permit. The 
applicant shall keep records sufficient to docu- 
ment his or her driving for the calendar year or 
years necessary to satisfy the driving require- 
ment. 

(f) Recordkeeping by Color Scheme 
Permitholders. Holders of color scheme per- 
mits shall maintain and retain records that will 
document driving performed by drivers of taxi- 
cabs and ramped taxis affiliated with the color 
scheme. Within 60 days of the effective date of 
this subsection (e), the Taxi Commission shall 
adopt a regulation requiring holders of color 
scheme permits to maintain and retain such 
records for a period of time sufficient to aid the 
Commission in determining whether applicants 
have met the specific driving requirements man- 
dated by subsection (b). Failure of the Commis- 
sion to adopt such a regulation, or failure of the 
color scheme permitholder to comply with the 
regulation, shall not excuse the permit applicant 
from the driving requirement or relieve the ap- 
plicant from the burden of proving that he or she 
has satisfied the requirement. 

(g) Notice of Required Driving. Notice of 
the driving experience required of taxicab permit 
applicants pursuant to subsections (b) and (c) 
and of the applicant's burden of proving the 
requisite driving experience and maintaining 
adequate records pursuant to subsection (d), 
shall be given by the City and color scheme 
permitholders pursuant to subparts (i) — (iii) be- 
low. In accord with Section 1148.1(e), the notice 
shall also include information pertaining to 
ramped taxi permit applicants. Failure to give 
the notice required by subparts (i), (ii), or (iii) 
shall not excuse the taxicab permit applicant 
from the driving requirement or relieve the ap- 



plicant from the burden of proving that he or she 
has satisfied the requirement. The Taxi Commis- 
sion may provide additional notice beyond that 
required by subparts (i) — (iii). 

(i) Within 30 days of the effective date of 
this subsection (f), the Commission shall give 
written notice of the requirements of subsections 
(b), (c), and (d) to each applicant on the taxicab 
waiting list. Thereafter, the Commission shall 
give written notice to each new applicant on the 
taxicab permit waiting list on or before the filing 
of the application. 

(ii) Beginning no later than 30 days after 
the effective date of this subsection (f), the Office 
of Treasurer and Tax Collector, in consultation 
with the Commission, shall give written notice of 
the requirements of subsections (b), (c), and (d) 
to each person who is obtaining or renewing the 
driver of public passenger vehicle permit. Said 
notice shall additionally inform the person of the 
existence of the taxicab waiting list and the 
process for getting on the list. 

(iii) Within 20 days of the effective date of 
this subsection (f), the Commission shall adopt a 
regulation requiring each holder of a color scheme 
permit to post written notice of the requirements 
of subsections (b), (c), and (d) at a location at the 
color scheme's place of business that is ordinarily 
within the view of working taxi drivers affiliated 
with the color scheme. (Added by Ord. 562-88, 
App. 12/27/88; amended by Ord. 111-04, File No. 
040343, App. 7/1/2004; amended by Ord. 58-08, 
File No. 080231, App. 4/10/2008) 

SEC. 1122. ELIGIBILITY FOR TAXICAB 
PERMITS. 

Before issuing a taxicab permit, the Police 
Commission shall consider the criteria set forth 
in Section 1081 of this Article. In addition, before 
issuing a taxicab permit, the Police Commission 
must determine that: 

(a) The applicant will be a full-time driver; 

(b) The applicant will operate said permit 
under or in association with a licensed taxicab 
dispatch service with radio-dispatch capability 
as defined in Section 1076(d) of this Article; and 



Supp. No. 16, April 2008 



Sec. 1122. 



San Francisco - Police Code 



750 



(c) The applicant holds a driver's permit 
pursuant to Section 1089 of this Article. (Added 
by Ord. 562-88, App. 12/27/88) 

SEC. 1123. RADIO DISPATCH 
CAPABILITY. 

(a) Radio Required. Commencing 60 days 
after the effective date of this Article, it shall be 
unlawful for any taxicab licensed pursuant to 
this Article to be operated without a radio per- 
mitting two-way communication with a taxicab 
dispatch service licensed pursuant to this Ar- 
ticle. 

(b) Affiliation with Taxicab Dispatch 
Service Required. Prior to the issuance of a 
taxicab permit, every applicant for such a permit 
shall file with the Police Commission a state- 
ment, giving the name, address, and phone num- 
ber of the taxicab dispatch service through which 
taxicab service is to be made available to the 
public pursuant to the permit for which applica- 
tion has been made. Within 60 days of the 
effective date of this Article, such a statement 
shall be filed for each permit outstanding on the 
effective date of this Article. No permit shall be 
registered to more than one radio-dispatch ser- 
vice. Notice of any change of taxicab dispatch 
service affiliation must be given to the Police 
Commission in writing by the taxicab permittee 
within 10 days of the effective date thereof. 
(Added by Ord. 562-88, App. 12/27/88) 

SEC. 1124. LEASE OF TAXICAB PERMIT. 

Provided that a taxicab permit is operated in 
compliance with all other applicable statutes, 
laws, rules and regulations, a taxicab permittee 
may operate his or her permit by authorizing 
another to drive or operate pursuant to said 
permit under any otherwise lawful lease, employ- 
ment, or other agreement. A true and correct 
copy of such lease, employment, or other agree- 
ment shall be filed by the permit holder with the 
Chief of Police within 10 days of the execution of 
that agreement. Nothing in this Section shall be 
deemed to modify, limit or excuse the obligations 
of any permittee pursuant to the provisions of 
Section 1123 of this Article. (Added by Ord. 
562-88, App. 12/27/88) 



SEC. 1124.5. EMPLOYEE STATUS FOR 
DRIVERS. 

(a) Notwithstanding the provisions of Sec- 
tion 1124, no person shall drive a taxicab who is 
not either the permit-holder for that taxicab, an 
employee of the permit-holder, or an employee of 
the color scheme permit-holder for that taxicab. 
No taxicab permit-holder or color scheme permit- 
holder shall cause or permit any person to drive 
a taxicab pursuant to that taxicab permit who is 
not either the permit-holder for that taxicab, an 
employee of the permit-holder, or an employee of 
the color scheme permit-holder for that taxicab. 
For purposes of this Section, "taxicab" shall 
include a ramped taxicab. 

o (b) The provisions of Subsection (a) shall 
not take effect unless and until the Board of 
Supervisors accepts the petition provided for in 
Subsection (c). 

(c) Any person may submit to the Board of 
Supervisors a petition signed by more than 50 
percent of all full-time and regular part-time 
licensed taxicab drivers in the City, other than 
taxicab permit-holders, stating that the signer 
wishes to drive as an employee pursuant to 
Subdivision (a) of this section. The following 
rules and procedures shall apply to any such 
petition: 

(1) The total number of full-time and regu- 
lar part-time drivers shall be computed on the 
basis of 2.5 eligible drivers for each full-time 
taxicab permit issued. A "regular part-time driver" 
shall be defined as a driver who drives less than 
five full shifts but at least two full shifts per 
week. 

(2) No signature on any such petition shall 
be valid if signed more than six months prior to 
submission of the petition to the Board of Super- 
visors. All signatures collected shall be submit- 
ted to the Taxi Commission for verification at the 
same time. 

(3) Each signature shall include the driver's 
badge number. Upon submission of the petition, 
the Police Department shall provide the Board of 
Supervisors with the names and badge numbers 
of qualified drivers for the six-month period 
during which the signatures were collected. 



Supp. No. 16, April 2008 



750.1 Regulations for Motor Vehicles for Hire Sec. 1124.5. 



(d) The Board of Supervisors, or a commit- 
tee designated by the President of the Board, 
shall by motion accept the petition if it deter- 
mines that the petition has been circulated and 
signatures obtained in a fair and reliable man- 
ner and that the petition represents an accurate 
and reliable measure of the wishes of the major- 
ity of the taxicab drivers. The provisions of 
Subsection (a) shall take effect 30 days after the 
Board accepts the petition pursuant to this sub- 
section. 



Supp. No. 16, April 2008 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 16, April 2008 



751 



Regulations for Motor Vehicles for Hire 



Sec. 1127. 



(e) No person shall interfere with, restrain, 
coerce or retaliate against any other individual 
for engaging in the solicitation of signatures or 
other related activities pursuant to this Section. 
Violation of any provision of this Section may 
constitute good cause to suspend or revoke a 
permit pursuant to Section 1090 of this Article. 
(Added by Ord. 366-98, App. 12/18/98) 

SEC. 1125. TAXICAB COLOR SCHEMES; 
ADOPTION; PERMITS; CHANGES. 

(a) Color Scheme Required. Upon the 
issuance of a taxicab permit, every taxicab per- 
mittee shall adopt a distinguishing taxicab color 
scheme that has been approved by the Taxi 
Commission pursuant to Subsection (b) of this 
Section. The taxicab permittee's choice of color 
scheme shall be subject to the approval of the 
Taxi Commission, which approval shall be given 
except when it clearly would not be in the public 
interest to do so. 

(b) Color Scheme Permits. Any holder of 
a taxicab permit or a taxicab dispatch service 
permit under this Article may apply to the Taxi 
Commission for taxicab color scheme permit pur- 
suant to Section 1080 of this Article. That permit 
shall entitle the holder to the exclusive rights to 
the use of that taxicab color scheme for taxicabs 
licensed pursuant to this Article; provided, how- 
ever, that the permittee under this Subsection 
may authorize taxicab permit holders to adopt 
the licensed taxicab color scheme, as set forth in 
Subsection (a). Notwithstanding the provisions 
of Section 1083 of this Article (nontransferability 
of permits), the permits issued pursuant to this 
Section are transferable, subject to the approval 
of the Taxi Commission, who shall determine 
that the proposed transferee meets the criteria 
set forth in Section 1081 of this Article. The 
permittee shall give notice to the Taxi Commis- 
sion of any intended transfer at least 14 days 
prior to any such transfer. Applicants for permits 
authorized by this Section, as well as for color 
scheme changes and renewal of permits, shall 
pay to the City and County of San Francisco a 
sum set by ordinance to cover the costs of adver- 
tising, investigating, and processing the applica- 
tion for each permit. 



(c) Existing Color Scheme. All persons 
and entities who, prior to the effective date of 
Ordinance 562-88, have obtained permission from 
the Chief of Police to use a taxicab color scheme 
are hereby deemed to be permittees under this 
Section; provided, however, that such persons or 
entities shall hereafter pay to the Chief of Police 
the taxicab color scheme permit fee as estab- 
lished by the Chief of Police. 

(d) Change of Color Scheme. It shall be 
unlawful for any taxicab permittee or operator to 
make or cause to be made any change whatso- 
ever in the distinguishing color scheme of any 
taxicab without the prior written approval of the 
Taxi Commission, which approval shall be given 
except when it clearly would not be in the public 
interest to do so. No change in distinguishing 
taxicab color scheme shall be allowed if such 
change will result in the discontinuance, inter- 
ruption or reduction of radio-dispatched taxicab 
service, and the Taxi Commission shall consider 
the impact of a proposed change of distinguish- 
ing taxicab color scheme upon the quantity and 
quality of radio-dispatched taxicab service or 
paratransit service available to the public before 
allowing any such change. (Added by Ord. 562- 
88, App. 12/27/88; amended by Ord. 88-99, File 
No. 981443, App. 4/30/99; Ord. 100-04, File No. 
040301, App. 6/4/2004) 

SEC. 1126. NAME ON VEHICLE. 

Every taxicab licensed pursuant to this Ar- 
ticle shall have the name under which the owner 
operates painted in letters at least two inches in 
height on the side doors of each side of the 
vehicle. (Added by Ord. 562-88, App. 12/27/88) 

SEC. 1127. TAXICAB DISPATCH 
SERVICE PERMITS. 

(a) Permit Required. It shall be unlawful 
to own or operate a taxicab dispatch service in 
the City and County of San Francisco unless a 
permit has been issued by the Police Commis- 
sion for the operation of that service pursuant to 
the provisions of this Article. Applications for 
such permits shall be made pursuant to the 
provisions of Section 1080 of this Article. 



Supp. No. 14, February 2008 



Sec. 1127. 



San Francisco - Police Code 



752 



(b) Permits Transferable. Notwithstand- 
ing the provisions of Section 1083 of this Article, 
the permits issued pursuant to this Section are 
transferable, subject to the approval of the Chief 
of Police, who shall determine that the proposed 
transferee meets the criteria set forth in Section 
1081 of this Article. The permittee shall give 
notice to the Chief of Police of any intended 
transfer at least 30 days prior to any such 
transfer. (Added by Ord. 562-88, App. 12/27/88) 

Regulations Governing Operations 

SEC. 1135. RATES FOR TAXICABS. 

(a) The rates of fare for taxicabs shall be as 
follows: $2.85 for the first fifth of a mile or "flag"; 
$0.45 for each additional fifth of a mile or frac- 
tion thereof; $0.45 for each one minute of waiting 
or traffic delay time. The aforementioned rates of 
fare for taxicabs shall become operative on Janu- 
ary 1, 2003 or, if the effective date of the Ordi- 
nance creating the higher cap on gate fees pro- 
vided for in Section 1135.1(b) of this Article 
occurs thereafter, on the effective date of that 
Ordinance. For out-of-town trips exceeding 15 
miles beyond City limits, the fare will be 150 
percent of the metered rate; for trips exceeding 
15 miles from San Francisco International Air- 
port and not terminating within the City limits 
of San Francisco, the fare will be 150 percent of 
the metered rate except for those trips from San 
Francisco International Airport traversing through 
San Francisco going to Marin County or to the 
East Bay the 15-mile limit will apply from the 
City limits of San Francisco as set forth above. 
For taxicab trips originating at San Francisco 
International Airport that incur an airport trip 
fee, the taxicab driver may collect $2.00 of that 
trip fee from the passenger upon receipt of cab 
fare from the passenger. 

(b) The driver of a public passenger vehicle 
may transport two or more passengers who vol- 
untarily agree to share the vehicle from the same 
boarding point to one destination point. Each 
passenger shall pay a fare at the destination 
point in an amount equal to the total fare divided 
by the number of passengers sharing the ride. 



(c) A passenger who first engages a public 
passenger vehicle has the exclusive right to 
conveyance therein to his or her destination. The 
driver shall not solicit or accept any additional 
passenger without the prior consent of any pas- 
senger who has previously engaged the vehicle. 

(d) It shall be unlawful for any taxicab 
operator or taxicab dispatch service to levy an 
administrative fee, service charge, processing 
fee, or other surcharge on drivers of taxicabs for 
trips paid with scrip, credit cards or other non- 
cash tender. (Added by Ord. 562-88, App. 12/27/ 
88; amended by Ord. 245-91, App. 6/26/91; Ord. 
114-96, App. 3/13/96; Ord. 213-97, App. 6/6/97; 
Ord. 188-98, App. 6/12/98; Ord. 136-00, File No. 
000391, App. 6/16/2000; Ord. 84-02, File No. 
011716, App. 5/31/2002; Ord. 228-02, File No. 
020678, App. 12/5/2002) 

SEC. 1135.1. GATE FEES. 

(a) Cap on Gate Fees. The mean gate fee 
charged drivers by a taxicab company may not 
exceed $96.50 for a shift of 10 hours or longer. 
The cap shall be prorated at $9.65 per hour for 
shifts shorter than 10 hours. The mean gate fee 
shall be determined by adding together the gate 
fees charged by the company for all available 
shifts during one week and dividing that total by 
the number of available shifts during the week. 

(b) "Gate Fee" Defined. For the purposes 
of this Section, "gate fee" shall mean any mon- 
etary fee or other charge or consideration, or any 
combination thereof, required of a driver other 
than a permit-holder for the privilege of driving 
a taxicab during a particular shift, or for any 
period of time, including receipt of all services 
provided in connection with such privilege, 
whether said fee is set by contract, lease or other 
agreement, orally or in writing, and whether 
said fee is paid by the driver as a flat rate, as a 
commission on receipts from fares, or as a speci- 
fied fee for any other purpose. 

(c) Regulations; Penalties. The Taxi Com- 
mission may, from time to time and after a 
noticed public hearing, adopt regulations to carry 
out the purposes of this Section. Violation of any 
provision of this Section, or of any regulation 



Supp. No. 14, February 2008 



753 



Regulations for Motor Vehicles for Hire 



Sec. 1135.3. 



adopted pursuant to this Section, may be cause 
for revocation or suspension of any permit granted 
to the violator by the City and County related to 
the operation of taxicabs or other motor vehicles 
for hire, or for the imposition of any other pen- 
alties authorized under this Article. 

(d) Ratifying Gate Fees Actually Charged 
Up to $91.50 Between January 1, 2003 and 
October 27, 2006. The average gate fees charged 
to taxi drivers by taxicab companies from Janu- 
ary 1, 2003 through October 27, 2006 and not 
exceeding an average of $91.50 for a shift often 
hours or longer are hereby declared to be fair, 
reasonable, and in compliance with any appli- 
cable provision of this Section 1135.1 during that 
period. (Added by Ord. 362-98, App. 12/18/98; 
amended by Ord. 228-02, File No. 020678, App. 
12/5/2002; Ord. 204-03, File No. 030998, App. 
8/8/2003; Ord. 256-03, File No. 031608, App. 
11/7/2003; Ord. 26-08, File No. 071371, App. 
3/6/2008) 

SEC. 1135.2. GATE FEE SURCHARGE 
FOR LOW EMISSION VEHICLES. 

(a) Gate Fee Surcharge. Notwithstand- 
ing any provision of Police Code Section 1135.1, 
including the cap on gate fees imposed pursuant 
to that section, a taxicab company may collect a 
surcharge of $7.50 on any gate fee charged for 
use of a low emission vehicle, subject to the 
requirements of this Section. The surcharge shall 
be for a shift of ten hours or longer, and shall be 
prorated at $0.75 per hour for shifts shorter than 
ten hours. The surcharge shall be in addition to 
the company's basic gate fee and any other 
surcharges, increases, or adjustments to the gate 
fee cap authorized by the City, and may be 
collected for the life of the vehicle. 

(b) Definition of "Low Emission Ve- 
hicle." For purposes of this Section, "low emis- 
sion vehicle" means a taxicab vehicle approved 
by the Taxi Commission that is rated as SULEV 
(Super Ultra Low Emission Vehicle) or better by 
the California Air Resources Board. "Low emis- 
sion vehicle" shall also include a vehicle that is 
rated as ULEV (Ultra Low Emission Vehicle) if 
that vehicle was approved by the Taxi Commis- 



sion and placed into service as a San Francisco 
taxi prior to January 1, 2008. (Added by Ord. 
26-08, File No. 071371, App. 3/6/2008) 
Editor's Note: 

Section 2 of Ord. 26-08, File No, 071371, Approved 
March 6, 2008, repealed former Section 1135.2, which 
pertained to lease fees. Section 3 of said ordinance 
enacted provisions designated as a new Section 1135.2 
to read as herein set out. 

SEC. 1135.3. REDUCED EMISSIONS BY 
COMPANY. 

(a) Green Vehicle Guide. Every year by 
April 1, the Department of the Environment, in 
consultation with the Taxi Commission, shall 
prepare and publicize a "Green Vehicle Guide." 
The guide shall list vehicles appropriate for use 
as taxis with emission levels that will allow the 
City to achieve its overall goal of a 20 percent 
reduction in taxi fleet greenhouse gas emissions 
from 1990 levels by the year 2012. The guide 
shall also identify available funding sources and 
incentives for such vehicles. 

(b) Company Emission Reduction Plans: 
Progress Reports. On June 1, 2008, and every 
year thereafter until June 1, 2010, each holder of 
a color scheme permit under Section 1125 shall 
submit to the Taxi Commission a written plan on 
how the color scheme will reduce or maintain its 
average per vehicle greenhouse gas emissions 
consistent with an overall 20 percent reduction 
in taxi fleet greenhouse gas emissions from 1990 
levels by the year 2012. The plan shall provide 
for spreading any reductions out evenly over 
each of the three years. Ramp taxis operated by 
the color scheme shall not be included in calcu- 
lation of the color scheme's average per vehicle 
greenhouse gas emissions. 

On June 1, 2009, and every year thereafter 
until June 1, 2011, each holder of a color scheme 
permit shall submit to the Taxi Commission a 
written report on the steps the color scheme has 
taken in the preceding year to carry out its 
emissions reduction plan and the results of those 
efforts. 

(c) On-Going Emission Reductions. Be- 
ginning on June 1, 2011, each holder of a color 
scheme permit shall maintain average per ve- 



Supp. No. 14, February 2008 



Sec. 1135.3. 



San Francisco - Police Code 



754 



hide greenhouse gas emissions at a level set by 
the Department of the Environment, in consul- 
tation with the Taxi Commission, that will allow 
the City to achieve its overall goal of a 20 percent 
reduction in taxi fleet greenhouse gas emissions 
from 1990 levels by the year 2012. Ramp taxis 
operated by the color scheme shall not be in- 
cluded in calculation of the color scheme's aver- 
age per vehicle greenhouse gas emissions. 

(d) Implementation and Enforcement. 
Beginning July 1, 2008, the Taxi Commission 
shall consider the goals and requirements of this 
Section in deciding whether to approve any ve- 
hicle being put into service as a San Francisco 
taxi that is not included on that year's "Green 
Vehicle Guide" list of approved green vehicles 
under subsection (a). 

The Taxi Commission may adopt rules and 
regulations to implement this Section. The Taxi 
Commission may reject as incomplete or insuffi- 
cient any emissions reduction plan submitted 
under subsection (a) or progress report submit- 
ted under subsection (b), and the color scheme 
shall be required to resubmit the plan or report 
within the time period set by the Commission. 
Failure to comply with this Section may subject 
the holder of the color scheme permit to admin- 
istrative discipline, including suspension or re- 
vocation of the permit. (Added by Ord. 26-08, 
File No. 071371, App. 3/6/2008) 

SEC. 1136. RATES FOR BAGGAGE. 

The driver of any taxicab shall be entitled to 
charge an additional amount not to exceed $1 for 
each trunk and for luggage that cannot be con- 
veyed either in the passenger compartment of 
the vehicle or in the vehicle's trunk with the 
trunk-lid closed. Each passenger shall be en- 
titled to have conveyed without charge such 
valise or small package as can be conveniently 
carried within the vehicle. Other than the charges 
authorized by this Section, no charge shall be 
made by the driver for loading or unloading 
baggage. (Added by Ord. 562-88, App. 12/27/88) 

SEC. 1137. REVIEW OF RATES OF FARE 
AND CAP ON GATE FEES. 

The rates provided in Sections 1135 and 1136 
of this Article and the cap on gate fees provided 



in Section 1135.1 of this Article shall be reviewed 
by the Controller in even-numbered years, begin- 
ning with 2004. Not later than August 1st of each 
even-numbered year, the Controller shall trans- 
mit to the Board of Supervisors a determination 
as to increases or decreases in the rates of fare 



Supp. No. 14, February 2008 



755 



Regulations for Motor Vehicles for Hire 



Sec. 1137.5. 



for taxicabs and an increase or decrease in the 
cap on gate fees shall be based upon changes in 
the Consumer Price Index since January 1, 2003, 
and related information submitted to the Con- 
troller pursuant to Section 1095(b) of this Ar- 
ticle. In addition, the Controller's August 1, 2004 
determination both as to increases or decreases 
in the rates of fare for taxicabs and as to an 
increase or decrease in the cap on gate fees shall 
include appropriate adjustments to ensure, in 
accordance with the procedure provided for in 
Section 1137.5 of this Article, that appropriate 
sums are collected to offset the increased monthly 
cost of paratransit scrip incurred by the paratran- 
sit program, except if the voters of the City and 
County of San Francisco have reauthorized a 
new sales tax to fund transportation. 

The Controller's determination as to in- 
creases or decreases in the rates of fare for 
taxicabs and an increase or decrease in the cap 
on gate fees shall take effect on November 1 of 
the even-numbered year in which the Controller 
makes the determination, and shall remain in 
effect through October 31 of the next even- 
numbered year, unless the following events oc- 
cur: (i) By September 1 of the even-numbered 
year in which the Controller makes the determi- 
nation the Board of Supervisors by resolution 
determines that the Board, or a committee thereof, 
should hold a hearing on the Controller's deter- 
mination; (ii) by October 1 of that year a hearing 
is held in accordance with the aforementioned 
resolution; and (iii) by October 31 of that year 
the Board adopts a resolution disapproving or 
modifying the Controller's determination. Any 
resolution modifying the Controller's determina- 
tion shall be based upon changes in the Con- 
sumer Price Index, costs recently incurred and 
expected to be incurred by drivers and color 
scheme permitholders, projected income of driv- 
ers and projected revenues of color scheme 
permitholders, and local economic conditions. If 
all three events occur, the Controller's determi- 
nation shall not go into effect on November 1 of 
that year. 

The Controller's determination as to in- 
creases or decreases in the rates of fare for 
taxicabs and an increase or decrease in the cap 



on gate fees shall, beginning January 1, 2006, 
treat the higher mean gate fee cap of $91.50, 
provided for in Section 1135.1(b), as if it were 
$90.00 when instituted, and treat the higher 
meter rate of $2.85 for the first fifth of a mile or 
"flag," as provided for in Section 1135(a), as if it 
were $2.75 when instituted. In addition, the 
Controller's determination as to increases or 
decreases in the rates of fare for taxicabs and an 
increase or decrease in the cap on gate fees shall, 
beginning January 1, 2006, make a similar ac- 
counting for any adjustments made in the 
Controller's August 1, 2004 determination de- 
signed to offset increased costs to the paratransit 
program arising from further increases in meter 
rates. 

In cases where the holder of more than one 
permit to operate a sedan, limousine or taxicab 
fails to render a financial report within the time 
prescribed and in such form as the Controller 
may request, for the purpose of reviewing the 
rates of fare for taxicabs and the cap on gate fees 
and making a determination as to increases or 
decreases in the rates of fare for taxicabs and an 
increase or decrease in the cap on gate fees, such 
failure shall be a basis for cancellation of such 
permits by the Taxi Commission, provided such 
cancellation is approved by the Board of Super- 
visors. (Added by Ord. 562-88, App. 12/27/88; 
amended by Ord. 188-98, App. 6/12/98; Ord. 
228-02, File No. 020678, App. 12/5/2002) 

SEC. 1137.5. INCREASED COST OF 
PARATRANSIT PROGRAM. 

From January 1, 2003 through June 30, 
2006, MUNI shall calculate on a monthly basis 
the increased cost of paratransit scrip incurred 
by the paratransit program as a result of the 
increase in rates of fare for taxicabs provided for 
in this Ordinance or any increase in rates of fare 
for taxicabs resulting from the Controller's de- 
termination or any modification thereof as pro- 
vided for in Section 1137. The increased monthly 
cost of paratransit scrip shall be divided equally 
among all taxicab permits in operation, to achieve 
an average increased cost per taxicab permit for 
each month. From January 1, 2003 through June 
30, 2006, that cost shall be allocated to color 



Supp. No. 1, September 2006 



Sec. 1137.5. 



San Francisco - Police Code 



756 



scheme permitholders on a monthly pro rata 
basis, dependent on the number of taxicab per- 
mits affiliated with each color scheme. By Janu- 
ary 15, 2003, the Taxi Commission shall adopt 
procedures for calculating and collecting appro- 
priate sums from color scheme permitholders to 
offset the increased monthly cost of paratransit 
scrip incurred by the paratransit program. If the 
voters of the City and County of San Francisco 
reauthorize a new sales tax to fund transporta- 
tion, the Board of Supervisors shall convene a 
hearing to consider whether it is necessary to 
continue the program designed to offset MUNI's 
increased paratransit costs pursuant to this Sec- 
tion. (Added by Ord. 228-02, File No. 020678, 
App. 12/5/2002; Ord. 118-06, File No. 060708, 
App. 6/14/2006) 

SEC. 1138. WAYBILL. 

Drivers of taxicabs and motorized rickshaws 
shall keep an accurate and legible waybill, which 
waybill shall set forth the following information: 

(a) Date of waybill; 

(b) Driver's name; 

(c) Vehicle number and vehicle license num- 
ber; 

(d) Number of medallion issued by the Po- 
lice Department; 

(e) Time driver began for period covered by 
waybill; 

(f) Starting mileage of the taxicab for period 
covered by waybill; 

(g) Starting meter units for the period cov- 
ered by the waybill; 

(h) Ending time for the period covered by 
the waybill; 

(i) Ending mileage of the taxicab for the 
period covered by the waybill; 

(j) Ending meter units for the period cov- 
ered by the waybill; 

(k) Number of passengers for each trip; 

(1) The origin and destination of each trip; 

(m) The charges authorized and made for 
each trip; 

(n) The time of hire and discharge fo